







































































































































































Firs 


D. D. HADLEY. 
J. W. McKINNE 




. Cashier 


D. D. HADLEY J. W. McKINNEY 

J. D. HADDON F. J. BARRETT 

ELI BIRD C. A. WILSON 


Savings Deposits Bear 4 % Interest 

Capital Stock . . $30,000 

Surplus and Profits 58,000 


A Successful Bank Operated and 
Owned by Successful Men 

The Strength of a Bank is based on the character of its assets, and 
the men behind it. 

This Bank for forty years has been a pillar of strength in this 
community, keeping its resources absolutely clean and dependable. 

Ever since its organization this Bank has been under careful man¬ 
agement. 

Its Officers and Directors are men that have achieved success in 
banking and other lines of business. 

The fact that we have safely weathered every financial storm during 
our career, and are today greater and stronger than ever is evidence of 
good management. 

Our Directors are money loaners not borrowers, a fact of the utmost 
importance to the depositor. 

If you are not already a patron of this strong and successful Bank 
we invite you to become one. If you are, tell your friends about us. 









The Michigan 
Manufacturing 
& Lumber Go. 


Lumber 

WHOLESALE 

AND 

RETAIL 


Holly Flint Detroit Millersburg 






L I,000 cars of lumber would reach from Holly to 
Linden or Clyde, and nearly to Grand Blanc or 
Clarkston; we handle annually more than this 
amount. 



We do not sell 
shoddy grades 
and then make 
what seem to be 
low prices, but 
quality consid¬ 
ered, we defy 
competition. 


We buy in round lots, direct from the 
manufacturer; thus saving all middle¬ 
men’s profits. 


We have our extensive lumber and 
manufacturing business 
in Holly, a lumber yard in 
Flint, and in 1910 we built 
22 houses in Detroit. 



We 


We keep a large stock anc 
variety, with the best of mill 
facilities. We not only keep 
every kind of common lumber 
oak, southern pine and other interior 
finish worked to special patterns, or 
otherwise. 



There is nothing too difficult, too large, or too 
small for us to handle. We deliver lumber in 
any quantity in Grand Blanc, Linden, Gaines, 
Davisburg, Clarkston, Waterford, Drayton Plains! 
Clyde, Highland, Wixom, Novi, Swartz Creek! 
Davison and elsewhere. 



tiiuJL 




Michigan Farm Laws 

o 

WITH 


Business Forms 

AND 

Model Business Letters 


BY 

William K. Williams 

Attorney-at-Law 
Columbus, Ohio 


Copyright 1908 and 1909 

BY the rural PUBLISHING COMPANY OF COLUMBUS, OHIO 


« O n 

0 > 

, > > o 

v 

PUBLISHED BY 

THE RURAL PUBLISHING COMPANY 

Publishers of Farm Laws of Thirty States 
Columbus, Ohio 





The Michigan b ^ 

Manufacturing^ 

& Lumber Go. 


Fenton, Michigan, February 3rd, 1911. 

Gentlemen: 

I take the liberty at this time to say I wish to 
thank you for the courteous treatment I have received 
in the last three year’s deal with you. 

My orders have been delivered promptly; 
always up to the specified quality and in clean, bright, 
unmarred condition, and at rather better rates than I 
could have secured from others on delivered orders. 
I intend to place my orders this season with you. 
Yours respectfully, 

(Signed) 0. W. O’DELL 

R. F. D. 1 


We Guarantee Satisfaction 


Lumber Windows 
Lath Doors 

Shingles Finish 


Mouldings 

Columns 

Posts 


Metal Shingles 
Roofing 
Paint 


Everything in Wood That Builds a House 


<§,CI.A3OO031 . 




< 


* 


PREFACE. 


When a man is brought before a court of justice for some offense 
he may have committed and offers his want of knowledge of the law in 
excuse for his conduct, he is told that “Ignorance of the law is no ex¬ 
cuse,” and he is made suffer the penalty. As courts only require of 
each citizen the full and fair performance of his duty, and nothing 
beyond, we must therefore conclude that the reason the plea of ignorance 
is not accepted, is because it falls within the duty of every man to know 
the law. But this does not mean that a man shall know all the law; 
none but those who make its study and practice a profession are ex¬ 
pected to have a special knowledge of its many branches or departments. 
The average citizen has probably performed his full duty when he has 
made himself familiar with those laws of his state relating to his own 
occupation, his property rights, and those which govern his conduct and 
course of action as a member of society. 

To afford to the farmers of Michigan, and others interested in that 
occupation, an opportunity to gain a knowledge of the laws of the state 
relating to farms, farming and kindred matters, has been the object in 
the preparation of this volume. A careful study of its pages will 
advance the reader well toward that point where he may feel that 
he has fairly discharged the duty of informing himself in those matters 
which are of daily concern to all persons residing in farming communi¬ 
ties, or who are in any way interested in agricultural pursuits. The chap¬ 
ters on business forms and model business letters were added for instruc¬ 
tion in practical business matters‘and correspondence. 

The number enclosed in brackets at the end of any paragraph indi¬ 
cates that such paragraph is in the same language, or, is, in substance, the 
same as the section of like number in the Compiled Laws of the state. 
Where a full Act of the legislature is given, the sectional numbers of the 
act are used. The other references indicate decisions of courts, usually 
the highest court of the state in which the case was decided. The effort 
has been throughout to give the law accurately as it is found in force 
and operation in the state to-day. All repeals are stricken out and 
all amendments added, so that the person who shall obtain a copy may 
have a reliable book for reference on the subjects treated. 

It is not to be inferred by any one into whose hands this book may 
fall that he shall thereby become his own lawyer No man not intend¬ 
ing to make the practice of law a profession should study it with any 
view other than to educate himself and thus broaden his qualifications 
for the discharge of his duties as a citizen. Author 

Columbus, Ohio, January 27, 1908. 



The Printers With the Service 

The F.J. Heer 
Printing Co. 

Printers—Binders—Electrotypers 
Catalogs a specialty. Write for prices 

55-59 E. Main St. Columbus, O. 














CHAPTER i 


Animals. 

I. Not to run at large except by permission, etc. 

Ia. Distraining and Replevying of Beasts. 

II. Cruelty to animals. 

III. Dogs, law of; license and taxation of; sheep claims, etc. 

IV. Diseases of animals; regulations for preventing. 

a. State Live Stock Sanitary Commission. 

b. Regulating Texas Cattle. 

c. For prevention of foot-rot among sheep. 

d. To prevent importation, running at large and sale of diseased sheep. 

V. Marking and branding of live stock. 

VI. Lien upon horses and other animals for cost of shoeing. 

VII. Lien upon mare and get for services of stallion. 

VIII. Stray anijnals. 

IX. Docking horses. 

X. Fraudulent entries in speed contests. 

XI. Fraudulent registration and false pedigrees. 

XII. Unhitching and driving horses of another without authority. 

XIII. Killing, maiming, disfiguring or poisoning animals. 

XIV. Exposing poisons endangering lives of animals. 

XV. Horse stealing. 

XVI. Companies for detection and apprehension of horse thieves and other felons. 

I. Not to Run at Large Except by Permission, Etc. 

Animals not to run at large on public highway except by per¬ 
mission of supervisors, etc.: The People of the State of Michigan enact. 
That from and after the year one thousand eight hundred and sixty-seven;, 
it shall not be lawful for any cattle, horses, sheep or swine to run at large 
in any public highway of this state: Provided, That this act shall be in¬ 
operative only in those counties or parts of counties in which it shall be so 
determined by resolution passed by the board of supervisors of such 
county: Provided further, That the powers granted to boards of super¬ 
visors in this section, shall not abridge the powers reserved to the 
people of a township, in section four of chapter twelve, of compiled 
laws of eighteen hundred and seventy-one. [5606.] 

Pozver reserved to the people of a toivnship referred to above: The inhabitants of 
each township may, at any legal meeting, by a vote of the qualified electors thereof,, 
make all such orders and by-laws for determining the time and manner in which 
cattle, horses, swine, sheep, and other animals shall be restrained from going at 
large in the highways, and for directing and managing the prudential affairs of the 
township, as they shall judge most conducive to the peace, welfare and good thereof 
[Sec. 2271, being Sec: 4 of Chapter 12.] 


1 


MICHIGAN FARM LAWS. 


"2 

Supervisors may allow animals to run at large: In case the 
board of supervisors in any county shall pass a resolution allowing 
any of the classes of animals named in section one of this bill to 
run at large in the public highway, the"n in such county, after the 

year one thousand eight hundred and sixty-seven, the following sec¬ 
tions of this act shall be null and void, but otherwise they shall be 
. in full forde. [5607.] 

Seizure of animals running at large: It shall be the duty of 
• the overseer of highways to seize and take into his custody and 
^possession any animal forbidden to run at large, which may be 
-running at large in any highway of which he is overseer, con¬ 
trary to the provisions of the foregoing section, and it shall be 

■lawful for any person to seize and take into his custody and 
; possession any animal which may be in any public highway, and opposite 
t’the land owned or occupied by him, contrary to the provisions of the 
foregoing section; and it shall be lawful for any person to take into 
'■ his custody and possession any animal which may be trespassing upon 
premises owned or occupied by him. [5608.] , 

Cattle in the public highway in charge of a person directing or controlling their 
i movements, are not running at large. — Bertwhistle v. Goodrich, 53 Mich. 459. 

Duty of person after making seizure of animals; notice of sale; 
tees; disposal of surplus money; redemption of animal: Whenever 
any such person shall seize and take into custody or possession any 

animal under the authority of the next preceding section, it shall 

be the duty of such person to forthwith cause a description of 
said animal or animals to be entered upon a book to be kept by the 
clerk of the town, city or village in which such animals were taken 
up, and shall thereupon give immediate notice to a justice of the peace, 
or a commissioner of highways of the town, city, or village in which 
such seizure and possession shall have been taken, and such justice or 
commissioner shall thereupon give notice by affixing the same in three 
public and conspicuous places in said town, city, or village, one of 
which shall be the district school-house nearest the residence of such 
justice or commissioner, that such animal or animals will be sold at 
public auction, at some convenient place (to be specified in such notice) 
in said town, city, or village, not less than fifteen nor more than thirty 
days from the time of the affixing of such notice. The same justice 
or commissioner shall proceed to sell the said animals for cash, and out 
of the proceeds thereof shall, in the first place, retain the following 
fees and charges for his services in giving said notice and making such 
sale, viz.: for the first horse sold three dollars, and for every additional 
horse one-half dollar; for eaph cow, calf, or other cattle, not exceeding 
•five in number, one dollar; and for every additional cow, calf, or other 
cattle, twenty-five cents; and for every sheep or swine, not exceeding 


ANIMALS. 


3 


five in number, one-half dollar; and for every additional sheep or 
swine, ten cents; together with a reasonable compensation, to be esti¬ 
mated by such justice or commissioner, to be paid the person making 
the seizure for the care and keeping of said animal or animals, from 
the time of the seizure to the sale thereof. If there shall be any surplus 
money arising from said sale, the said justice or commissioner shall 
retain the same in his hands, and pay the same to the owner or owners 
of said animal or animals, after a reasonable demand therefor, and 
satisfactory proof of such ownership: Provided, Such owner or owners 
shall appear and claim such surplus moneys within one year after sale. 
And if the owner or owners of such animal or animals shall not appear 
and demand such surplus moneys within one year after such sale has 
been made, he shall be forever precluded from recovering any part of 
such moneys; and the same shall be paid to the treasurer of the town 
for the use of the town, and his receipt therefor shall be a legal dis¬ 
charge of said justice or commissioner: Provided, That any animal 
sold in pursuance of this act may be redeemed any time within six 
months following such sale, by paying the expenses of such custody 
and sale, and a reasonable compensation for keeping the same. [5609.] 

How owner to obtain possession of animal before sale; owner 
may demand animal within three days of sale: Any owner of any 
animal which shall have been seized under and pursuant to the 
foregoing provisions, may at any time before the sale thereof, 
demand and shall be entitled to the possession of such animal, 
upon the payment by him of the several sums hereinbefore required to 
be paid to the said justice or commissioner, and to the person by whom 
the seizure aforesaid shall have been made, together with a reasonable 
compensation to the person making such seizure for the care and 
keeping of such animal, to be estimated and fixed by such justice or 
commissioner, and upon making to such justice or commissioner satis¬ 
factory proof of ownership. And if such owner shall make such de¬ 
mand and proof at least three days before the time appointed for such 
sale, he shall be entitled to the custody and possession of such animal, 
upon paying one-half of the several sums above mentioned, together 
with the whole amount of compensation awarded by the said justice or 
commissioner. [5610.] 

When owner is not liable for fees; penalty: In case the animal 
so seized under the foregoing provisions of this act, shall have 
been so running at large or trespassing by the willful act of any 

other person than the owner, to effect that object, such owner 

shall be entitled to the possession of such animal by making the 

demand therefor, and the proof required in the next preceding sec¬ 
tion, and paying to the person making such seizure the amount 

of compensation fixed by such justice or commissioner, for the care 
and keeping of such animal, ' and without paying any other charges; 
and the person committing such willful act shall be liable to a penalty 


4 


MICHIGAN FARM LAWS. 


of twenty dollars, to be recovered in an action at law at the suit of the 
owner of such animal, or the person making such seizure. [5611.] 

, Note — The foregoing laws do not apply to that portion of the state lying north 
of the tier of townships twelve north, unless so ordered by the board of supervisors 
of any county lying north of said tier of towns. [5612]. 

Township Pounds for Impounding Cattle, Etc. 

Township pound: Each township may at its own expense, and 
in such places therein as the electors shall direct, provide and main¬ 
tain one or more sufficient pounds, in which swine, sheep, horses, asses, 
mules, goats, and neat cattle may be restrained, and kept from going 
at large contrary to law, or to any by-law .of such township. [2437.] 
Injury to pound a misdemeanor: If any person shall wilfully in¬ 
jure any pound maintained by any township, he shall be deemed guilty 
of a misdemeanor, and on conviction thereof, shall be punished by a 
fine not exceeding fifty dollars, or by imprisonment in the county, jail 
not exceeding ninety days, at the discretion of the court. [2438.] 

Animals from Running at Large in Certain Cities and Villages 

Within this State. 

Unlawful for cattle to run at large in cities, etc.; exception: 

It shall not be lawful for any cattle, horses, mules, sheep, swine, or 
goats to run at large in any public street, lane, alley, park, place, or 
highway, in any city or village within this state having a population 
of seven thousand or more inhabitants; and it shall be the duty of 
every commissioner of highways, pound-master, marshal, deputy mar¬ 
shal, policeman, and constable of any such city or village to seize 
and take into his possession as herein provided, and keep until dis¬ 
posed of according to law, any animal so found running at large: Pro¬ 
vided, The city of Ludington be exempt from the operations of this 
act. [5613.] 

Common council or board of trustees to provide pounds; pound- 
master; seizure of animals: It is hereby made the duty of the com¬ 
mon council or board of trustees of every such city or village to provide 
one or more suitable and convenient pound or pounds, and to appoint one 
or more pound-masters who shall have charge thereof, and such pound- 
master or other person having charge of such pound shall receive and 
keep therein any animal mentioned in the first section of this act, 
that may have been or may be found running at large contrary to 
said section, upon the request of any person. And it shall be lawful 
for any person to seize and take into custody and retain till disposed 
of as required by law, any animal mentioned in said first section of 
this act, which may be trespassing upon premises owned or occupied 
by such person, or such animal may be driven to and kept in said pound 


ANIMALS. 


5 


as herein provided, and any inhabitant of any such city or village may 
take into custody till disposed of as required by law, any animal found 
running at large contrary to said first section of this act, if at the 
time there shall not be kept and maintained within such city or village 
a suitable pound within a distance of not more than two miles from 
the place where such animal may be found, or if there shall not be a 
pound-master in charge thereof, who will receive and keep the same 
as herein provided. [5614.] 

Fees for taking up animals in cities and villages: The officer 
or person making such seizure, shall receive, for every horse, mule or 
colt, one dollar; for every cow, calf or other cattle, each fifty cents, 
and for every goat, sheep, or swine, twenty-five cents, together with 
the actual* damages sustained by such person by reason of the tresspass 
or breaking of such animal, into his premises, and compensation to such 
person or officer for the care and keeping of such animals from the 
time of the seizure thereof to the sale at the rate specified in the next 
section of this act, and the said recorder or justice shall be' allowed the 
sum of one dollar for each animal so sold, and the marshal, deputy marshal 
or constable, the same fees as for service of a summons and execution 
in civil actions. [5615.] 

Owner entitled to possession of animal impounded upon pay¬ 
ment of certain fees and costs, etc.: The owner of any animal which 
shall have been seized or impounded under and pursuant to the fore¬ 
going provisions may, at any time before the making of the complaint 
hereinbefore provided for, demand and shall be entitled to the posses¬ 
sion of such animal upon the payment to the pound-master or the 
person in charge of such pound, if such animal shall have been 
impounded, and if not, then upon payment to the person or officer who 
shall have seized or taken such animals into his possession, the fees 
provided for in the preceding sections for the seizure of such animal; 
and if such animal shall have been impounded, the farther fee of fifty 
cents for every horse, mule, colt, cow, calf, or other cattle, and twenty- 
five cents for every goat, sheep or swine, which said fee shall belong 
to such pound-master or person in charge of such pound, and the 
farther sum of one dollar per day as compensation for keeping every 
such horse, mule or colt, and seventy cents per day for every cow, 
calf or other cattle, and fifty cents per day for every goat, sheep or 
swine for each day since and including the day such animal was seized, 
impounded or taken into possession as aforesaid. At any time after 
the making of said complaint and before the sale of said animal, the 
owner thereof may make demand and claim for such animal before 
the recorder or justice before whom said proceedings shall have been 
commenced; and upon making satisfactory proof of ownership of said 
animal before said recorder or justice, and upon paying to him the 
fees and compensation for keeping such animal hereinbefore in this 
section provided for, and [all] other fees and expenses that shall 


MICHIGAN FARM LAWS. 


6 

have accrued up to the time of making such demand and proof-, he- 
shall be entitled to the custody and possession of such animal. And 
the said recorder or justice shall fix and determine the amount of 
the fees, expenses and compensation in accordance with the provisions 
of this act, and shall pay the same to the officer or person entitled 
thereto. [5616.] 

Replevin: The provisions of this act shall not be construed to- 
deprive the party claiming the ownership of said property from bringing 
his action in replevin for the recovery of the same in case the same 
has been unlawfully seized. [5620.] 

Penalty for rescuing animals from pound, etc.: If any person 
shall rescue any animal mentioned in this act, when impounded, or 
while being driven or taken to the pound or other place of custody by 
any officer or person in charge of such animals, or while such animals 
are shut up by and in the custody of any person for trespassing upon 
premises, or for unlawfully running at large under this act, he shall 
be deemed guilty of a misdemeanor, and on conviction thereof shall 
be punished by fine not more than fifty dollars nor less than ten 
dollars, with costs of prosecution, or by imprisonment in the county 
jail not exceeding thirty days, or by both such fine and imprisonment 
in the discretion of the court. [5621.] 

Penalty for impounding animals unlawfully: If any person 
shall take any animal not running at large contrary to law from the 
stable, pasture, or any enclosure or other place where '".uch animals- 
are lawfully and rightfully kept, or may be, or drive, or let them out,, 
or untie, or unloose the same, or shall knowingly seize or take the 
same from the custody of any person driving or taking the same on 
the public highway or streets to or from a pasture or to or from any 

other place where the same may be lawfully taken or driven, for the 

purpose of impounding such animals contrary to law, he shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be pun¬ 
ished by fine of not more than ten dollars nor less than five dollars,, 
with costs of prosecution, or by imprisonment in the county jail not 
exceeding ten days, or by both such fine and imprisonment in the dis¬ 
cretion of the court. [5622.] 

Under what laws animals to be impounded: The distraining and 

impounding o’f animals under this act shall be governed by chapter two- 

hundred and fourteen of the compiled laws of eighteen hundred and 
seventy-one, for “distraining and replevying beasts,” except as otherwise 
provided in this act. [5623.] 

Bulls, stallions, boars and rams not to run at large: If the owner 
of any bull, stallion, boar or ram shall allow the same to go at large 
out of his enclosure, he shall forfeit the sum of five dollars for such 
offense, to be recovered on complaint before any justice of the peace 
of the county in which such owner may live, and twice that amount, 
on any subsequent conviction: Provided, That such complaint shall 


ANIMALS. 7' 

be prosecuted within thirty days next after such animal shall be found 
at large as aforesaid. [5625.] 

Further penalty: In addition to the penalty prescribed in the 
foregoing section, the owner of said bull, stallion, boar or ram thus 
found going at large, shall be liable to the owner of any cow, mare, 
sheep or swine, for any and all damages arising from the going at 
large of such animals as aforesaid, to be recovered on any suit brought, 
before any court of competent jurisdiction. [5626.] 


Note — The board of trustees of any summer resort may prevent dogs or other 
animals running at large on grounds. [Sec. 7646], 


Distraining or Replevying Beasts. 

Beasts distrained to be impounded: When any beasts are taken 
up and distrained by any person, for going at large, contrary to law, or 
contrary to any by-law of a township, they shall be forthwith impounded 
in the township pound, and the keeper of such pound shall furnish them 
with suitable food and water, so long as they are detained in his custody. 
[10688.] 

Fees for distraining and impounding: The person so taking up 
and distraining the same shall be entitled to fifty cents per head for all 
horses, mules, asses and neat cattle, and ten cents per head for all sheep, 
goats and swine, so distrained by him; and the pound keeper shall be # 
entitled to four cents per head for all the said animals so impounded.. 
[10680.] 

Beasts not to be delivered until fees and expenses paid: The 

pound keeper shall not deliver to the owner any beasts so impounded, 
until such owner shall pay him his fees and the expense of keeping such 
beasts, and also the fees due the person distraining said beasts, which 
last mentioned fees he shall pay to such person. [10690.] 

Proceedings in case of injury by beasts: When any person is 
injured in his land, by sheep, swine, horses, asses mules, goats or neat 
cattle, he may recover his damages in an action of trespass, or trespass 
on the case, against the owner of the beasts, or against the person having 
the care and control of such beasts, or by distraining the beasts doing the 
damage, and proceeding therewith as hereinfater directed; but if the 
beasts shall have been lawfully on the adjoining lands, and shall have 
escaped therefrom in consequence of the neglect of the person who has 
suffered the damage, to maintain his part of the division fences, the 
owner or person having the control of the beasts shall not be liable for 
such damage. [10691.] 

Impounding beasts doing damage: The beasts so distrained for 
doing damage, shall be impounded in the township pound, if there be one, 
and the distrainer shall leave with the pound keeper a memorandum in 
writing, signed by him, stating the cause for distraining, and the sum 


3 


MICHIGAN FARM LAWS. 


that he demands'from the owner, for the damages done by the beasts. 
[10692.] 

Beasts not to be delivered until damages, fees and expenses paid: 

The pound keeper shall not deliver the beasts to the owner, until such 
owner shall pay him his fees, and the expense of keeping such beasts, 
together with the sum so demanded by the distrainer, and the expense 
of advertising such beasts, if they shall have been advertised, and all 
other legal costs and expenses. [10693.] 

When person impounding beasts to have care of them: If there 
shall be no public pound within the township, the beasts shall be im¬ 
pounded in some suitable place under the immediate care and inspec¬ 
tion of the person who distrained them, and he shall furnish them with 
suitable food and water so long as they remain impounded. [10694.] 
Notice to owner, etc.: When beasts are impounded for either of 
the causes aforesaid, the person impounding them shall, within twenty- 
four hours thereafter, give notice thereof to the owner or person having 
the care or control of them, if known, and living within six miles from 
the place of impounding, which notice shall be delivered to the party, 

or left at his place of abode, and shall contain a description of the beasts, 

and a statement of the time, place and cause of impounding. [10695.] 
When notice to be posted up in public places: If there shall be 
no person entitled to notice according to the provisions of the preceding 
section, the person impounding the beasts shall, within forty-eight hours 
thereafter, cause to be posted upon in three public places in the town¬ 
ship, and in a public place in ‘each of any two adjoining townships, if 

within four miles from the place where they were taken, a written 
notice, containing a description of the beasts, and a statement of the 
time, place and cause of impounding. [10696.] 

When notice to be published in newspaper: In case notice shall 
be given by posting up the same, if no person shall appear to claim 
the beasts within seven days after the day of impounding, a like notice 
shall be published for three successive weeks, in some public newspaper, 
if any there shall be published within twenty miles of the place of 
impounding, the first publication to be within fifteen days after the day 
of impounding. [10697.] 

Proceedings if owner dissatisfied with claim: If the owner or 
"keeper of the beasts shall be dissatisfied with the clajm of the person 
impounding them, he may have the amount for which he is liable as¬ 
certained and determined by two disinterested and discreet persons, to 
"be appointed and sworn for that purpose by a justice of the peace; and 
the sum determined by them shall be received instead of the sum de¬ 
manded by the person who impounded the beasts, and they shall there¬ 
upon be delivered to the owner or keeper thereof. [10698.] 

Same: If the sum for which the beasts are impounded and de¬ 
tained, shall not be paid within fourteen days after notice of the im- 


ANIMALS. 


9 


pounding shall have been given, as before directed, or after the last 
publication of such notice in a newspaper, and shall not have been de¬ 
termined as aforesaid, the person who impounded them shall apply 
to a justice of the peace, and obtain a warrant to two disinterested and 
discreet persons, to be appointed and sworjn by the justice; and the 
persons so appointed and sworn shall ascertain and determine the sum 
due from the owner or keeper of the beasts, for the damages, costs and 
expenses for which they are impounded and detained, including a reason¬ 
able compensation for their own services. [10699.] 

If sum not paid, beasts to be sold: If the sum so found to be due 
shall not be forthwith paid, the person who impounded the beasts shall 
cause them to be sold by auction in the township where they are im¬ 
pounded, first advertising the sale by posting up a notice thereof in three 
public places in the same township, at least five days before such sale. 
[10700.] 

How proceeds disposed of: The proceeds of the sale, after pay¬ 
ing all the said damages, costs and expenses, with the charges for ad¬ 
vertising and selling the beasts, shall be deposited in the treasury of the 
township, for the use of the owner of the beasts, in case he shall substan- > 
tiate his claim thereto, within two years from the time of sale. [10701.] 

Beasts escaped or rescued, may be retaken: If any beasts that have 
have been lawfully distrained or impounded, shall escape or be-rescued, 
the pound keeper or person who distrained them, may, at any time within 
seven days thereafter, retake such beasts, and hold and dispose thereof, 
as if no escape or rescue had taken place. [10702.] 

Penalty for rescuing beasts distrained: p If any person shall rescue 
any beast distrained or impounded for any cause, he shall be liable to 
an action on the case, to be brought by any person injured, to pay all 
damages which such person shall have sustained thereby, and all the 
fees and charges which shall have been incurred before the rescue, and 
shall also forfeit a sum not less than five, nor more than twenty dollars. 
[10703.] 

Legality of distress to be tried only in action of replevin: The 

defendant in any action brought for rescuing beasts distrained or im¬ 
pounded, shall not be allowed to allege or give in evidence the insuf¬ 
ficiency of the fences, or any other fact or circumstance to show that 
the distress or impounding was illegal; but if there is any ground of 
objection to the proceeding, of which he is entitled to avail himself, he 
may have the advantage thereof in an action of replevin, to be brought 
as provided in the following sections. [10704.] 

Owner may have writ of replevin: Any person whose beasts are 
distrained or impounded, in order to recover any penalty or forfeiture 
supposed to have been incurred by their going at large, or to obtain 
satisfaction for any damages alleged to have been done by them, may 
have a writ of replevin therefor out of the proper court, and the same 


10 


MICHIGAN FARM LAWS. 


proceedings shall be had thereon as in other cases of replevin, except 
as hereinafter provided. [10705.] 

Affidavit to be annexed to writ: Such writ shall not be executed 
in any case, unless the plaintiff in the action, or some person knowing 
the facts, shall make and annex to the writ an affidavit stating therein 
that the beasts, describing them, have been distrained or impounded, and 
are detained by the defendant, an that the plaintiff therein is the owner 
of such beasts, or that he has a lawful right to the possession thereof. 
[10706.] 

Bond to be given; consequence of failure: The writ shall be 
served, and the property shall be appraised, and before delivery thereof 
to the plaintiff, a bond shall be given in like manner, and with the same 
effect as in other cases of replevin; but such property shall not be re¬ 
moved by the officer until such bond shall be given; and if such bond be 
not given within the time limited for that purpose, the property shall 
be relinquished by the sheriff, and such failure shall be deemed a dis¬ 
continuance of the suit by the plaintiff. [10707.] 

Judgment for defendant; how to be rendered: If the beasts shall 
be replevined and delivered to the plaintiff, and judgment of nonsuit or 
of discontinuance be rendered against the plaintiff, or if it appear on 
the trial that the beasts were lawfully distrained, the defendant shall 
have judgment for such sum as shall be due from the plaintiff, for the 
penalty or forfeiture, or for the damages for which the beasts were im¬ 
pounded, together with all the lawful fees, costs, charges and expenses 
incurred by reason of the distress, to be assessed as in other cases, and 
also his costs of the action of replevin. [10708.] 

Judgment for plaintiff: If the plaintiff shall recover judgment 
against the defendant by default, or if it shall appear upon the trial that 
the beasts were distrained without any sufficient or justifiable cause, 
the plaintiff shall recover his damages caused by the unlawful detention 
of such beasts, to be assessed as in other actions of replevin, together 
with his costs of suit. [10709.] 

II. Cruelty to Animals. 

Cruelty to animals defined; penalty: Whoever overdrives, over¬ 
loads, drives when overloaded, overworks, tortures, torments, deprives 
of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or 
causes or procures to be so overdriven, overloaded, driven when over¬ 
loaded, overworked, tortured, tormented, deprived of necessary sus¬ 
tenance, cruelly beaten, mutilated, or cruelly killed, any animal, and 
whoever having the charge or custody of any animal, either as owner 
or otherwise, inflicts unnecessary cruelty upon the same, or wilfully, 
fails to provide the same with proper food, drink, shelter, or protection 
from the weather, shall, for every such offense, be punished by imprison- 


ANIMALS. 


It 


ment in jail not exceeding three months or by fine not exceeding one 
hundred dollars, or by both such fine and imprisonment. [11739.] 

Keeping or using animals for fighting, etc., prohibited, penalty: 
Any person who shall keep or use any bull, bear, dog, cock, or other 
animal or fowl or bird, except English sparrows and pigeons, for the 
purpose, of fighting, or baiting or as a target to be shot at, as a test 
of skill in marksmanship; and any person who shall be a party to or be 
present as a spectator at any such fighting, baiting or shooting of any 
bear, dog, cock, or other animal, or fowl or bird, except English spar¬ 
rows and pigeons, and any person who shall rent any building, shed, room, 
yard, ground or premises, for the purpose of fighting, baiting or shoot¬ 
ing any animal, fowl or bird, except English sparrows and pigeons, 
as aforesaid, or shall knowingly suffer or permit the use of any building, 
shed, room, yard, ground or premises belonging to him or under his 
control, for either or any of the purposes aforesaid, shall on conviction 
thereof, be adjudged guilty of a misdemeanor: Provided, That no 
bounty shall be paid for any English sparrow that may be killed when 
used as a target or to be shot at as a test of skill in marksmanship: 
And provided, TJiat it shall not be lawful for any person or persons 
to engage in the propagation of English sparrows for the purpose 
allowed in this act, or for any other purpose; and that on conviction 
for each or any offense mentioned in this act, the person or persons 
so convicted shall pay a fine of not less than ten nor more than fifty 
dollars, or be imprisoned in the county jail for a period of not more 
than three months, or by both such fine and imprisonment, in the dis¬ 
cretion of the court. [11740 as amended June 9, 1899.] 

Other acts deemed cruel; penalty: Every owner, possessor, or 
person having the charge or custody of any animal, who cruelly drives 
or works the same when unfit for labor, or who shall carry, or cause to 
be carried on or upon any vehicle, or otherwise, any live animal having 
the feet or legs tied together, or in any other cruel and inhuman man¬ 
ner, or shall abandon any maimed, sick, infirm, or disabled animal to 
die in any public place, or who shall carry or cause to be carried any 
live animal in or upon any vehicle, or otherwise, without providing 
suitable racks, cars, crates, or cages, in which such animals may stand, 
or lie down during transportation, and whilst awaiting slaughter, such 
person shall, upon conviction thereof, be adjudged guilty of a mis¬ 
demeanor, and shall be punished for every such offense in the manner 
provided in section one [11739 above] of this act. [11741.] 

NOTE: Surgical operations upon animals: It shall be unlawful for 
any person in this state to perform the following named surgical operations 
upon animals without first administering either local or general anaesthesia: 
The emasculation of hermaphrodities, the emasculation of mares and female 
dogs, the operation of fistulous wethers and poll-evil, lithotomy and a!t 
forms of neurectomy, the Caesarean operation, the operation for umbilical 
and scrotal hernia and the operation for wind-broken horses called laryngio 
crycorectomy. [From Public Act No. 143, approved June 26, 1909.] 


12 


MICHIGAN FARM LAWS. 


Animals confined on railroad cars to be unloaded and fed, etc.; 
penalty for failure; No railroad company, in the carrying or trans¬ 
portation of animals, shall permit the same to be confined in cars for 
a longer period than twenty-eight consecutive hours without unloading 
the same for rest, water, and feeding, for a period of at least five con¬ 
secutive hours, unless prevented from so unloading by storm, or other 
accidental causes. In estimating such confinement, the time during 
which the animals have been confined without rest, on connecting roads 
from which they are received shall be included, it being the intention 
of this act to prevent their continuous confinement beyond the period 
of twenty-eight hours, except on contingencies hereinbefore stated. 
Animals so unload shall be properly fed, watered, and sheltered during 
such rest, by the owner or person having the custody thereof, or, in 
case of his default in so doing, then the railroad company transporting 
the same, at the expense of said owner or person in custody thereof; 
* * * * Any company, owner or custodian of such animals, who 
shall fail to comply with the provisions of this section, shall, for each 
and every such offense, be liable for, and forfeit, and pay a penalty of not 
less than one hundred nor more than five hundred dollars [11742.] 

Arrest of persons violating provisions of this act and seizure and 
delivery of animals to pound-master: Persons found violating any of 
the provisions of this act may be arrested and held without warrant, 
in like manner as in the case of persons found breaking the peace, and 
it shall be the duty of the person making the arrest to seize all animals 
and fowls found in the keeping or custody of the person arrested, 
and which are then being used, or held for use in violation of any of 
the provisions of this act, and the person making such seizure shall 
cause such animals or fowls to be at once delivered to a pound-master 
of the town, village, or city in which the same may be, and it shall be 
the duty of such pound-master to receive such animals or fowls, and 
to hold the same and proceed in regard to them in all respects as 
provided by law in other cases of animals impounded. [11743.] 

Note — Sections 11744 to 11748 relate to duties of officer in prosecuting cases 
for cruelty to animals, etc. 

III. Dogs, Law of; license and taxation of; Sheep Claims, Etc. 

Regulations by township or village relating to dogs: The inhabi¬ 
tants of any township of incorporated village, may make such by-laws con¬ 
cerning the licensing, regulating and restraining of dogs going at large, 
as they shall deem expedient, and may affix any penalties not exceeding 
ten dollars, for any breach thereof; but no such by-laws shall extend 
to any dog not owned or kept in such township, and no person shall 
be obliged to pay more than two dollars annually for any license granted 
under the provisions of this chapter. [5590.] 

Moneys to be paid to treasurer: All money received for the sev¬ 
eral licenses mentioned in this chapter, shall be paid to the treasurer, 
for the use of the township or village, as the case may be. [5591 ] 


ANIMALS. 


is 


Protection of Sheep and Other Domestic Animals and for Other 

Purposes. 

When dogs may be killed: Any person may kill any dog that 
he may see chasing, worrying, wounding, or killing any sheep, lambs, 
swine, cattle, or other domestic animal, out of th.e enclosure or imme¬ 
diate care of the owner or keeper, unless the same be done by the 
directions or permission of such owner or keeper; or any dog that 
may suddenly assault him while he is peacably walking or riding any¬ 
where out of the enclosure of the owner or keeper of such dog. [5592.] 

Owner of dog liable for damages: If any dog shall have killed 
or assisted in killing, wounding or worrying any sheep, lamb, swine, 
cattle, or other domestic animal, or that shall assault or bite, or other¬ 
wise injure any person while traveling the highway or out of the 
enclosure of the owner or keeper of such dog, such owner or keeper 
shall be liable to the owner of such property or person injured in 
double the amount of damages sustained, to be recovered in an action 
of trespass, or on the case, and it shall not be necessary, in order to 
sustain an action, to prove that the owner or keeper knew that such 
dog was accustomed to do such damage or mischief; and upon the 
trial of any cause mentioned in this section, the plaintiff and defendant 
may be examined under oath, touching the matter at issue, and evidence 
-may be given as in other cases; and if it shall appear to the satis¬ 
faction of the court by the evidence, that the defendant is justly liable 
for the damages complained of under the provisions of this act, the 
court shall render judgment against such defendant for double the 
amount of damages proved, and costs of suit; but in no case shall 
the plaintiff recover more than five dollars costs. [5593.] 

Owner shall cause dog to be killed; penalty for neglect: The 
owner or keeper of any dog which has been chasing, worrying, wound¬ 
ing or killing any sheep, lamb, swine or cattle (not the property of 
such owner or keeper), out of his enclosure, or which has assaulted 
or bitten any person while peacably walking or riding out of the enclosure 
of the owner or keeper, shall, within forty-eight hours after having 
received notice thereof in writing, cause such dog to be killed. For 
every neglect so to do, he shall forfeit the sum of three dollars, and 
the further sum of one dollar and fifty cents for every forty-eight 
hours thereafter, until such dog shall be killed, unless it shall satis¬ 
factorily appear to the court before which a suit shall be brought for 
the recovery of said penalty, that it was not in the power of such 
owner or keeper to kill such dog. But no recovery shall be had, unless 
it shall satisfactorily appear that such dog has done the mischief 
of which such owner or keeper has had notice as aforesaid. [5594.] 

Supervisor to sue for penalty; moneys to be paid into township 
treasury: Whenever a citizen of any township where the trespass 
has been committed, shall make a complaint in writing, verified by 


14 


MICHIGAN FARM LAWS. 


his oath or other testimony, to the satisfaction of the supervisor thereof, 
that a penalty imposed by the provisions of this act has been incurred, 
he shall commence a suit for the recovery thereof in his name of office, 
and prosecute the same with due diligence; and the moneys recovered 
shall be by him paid into the township treasury, to be applied towards 
the incidental expenses of the township. [5595.] 

[Tax upon dogs, passed April 8, 1901.] 

Sec. i. Tax upon dogs: The People of the State of Michigan 
enact: That in all townships and cities of this State, except in cities 
having and enforcing an ordinance imposing a tax or license fee on 
every dog owned or harbored in said city, there shall be annually levied 
and collected the following tax upon dogs: Upon every male dog over 
three months old owned or kept by one person or family, jone dollar; 
upon every female dog over three months old owned or kept by one 
person or family, three dollars: Provided, That the tax upon a female 
dog whose ovaries have been removed shall be one dollar, and shall be 
so levied by the supervisor in every case when the person owning such 
dog shall file with such supervisor a certificate under oath of a veter¬ 
inary surgeon that the ovaries of such dog had been removed. 

Sec. 2 . Duty of assessor: The assessor of every township or 
ward, at the time of making his annual assessment, shall inquire and 
ascertain the number of dogs liable to be taxed, and shall enter in 
lists to be made by him the name of every person in his respective 
township or ward owning or keeping any dog subject to the above tax, 
the number kept by such person, and the amount of tax to be paid 
by him. 

Sec. 3 . To make duplicate lists, where filed, etc.: The assessor 
of every township and ward shall, on or before the Tuesday next follow¬ 
ing the third Monday in May in each year, make out a duplicate of 
the lists made by him as provided in the preceding section and file 
the same with the township or city clerk of his respective township 
or city; said taxes, as provided for in the preceding section of this act, 
shall be assessed to and collected from such persons as shall be liable 
for the same, in the same manner as other township and city taxes 
are assessed and collected, and with like power to distrain and sell any 
property of the owner or owners, keeper or keepers of dogs liable to 
be taxed. 

Sec. 4 . Collection of tax; metal label, how numbered, etc.; 
dogs to be killed; compensation for killing, how paid: The collector 
to whom such tax rolls shall be delivered shall proceed and collect 
the sums of money therein specified, in the same manner and with like 
authority in all respects as in the collection of taxes imposed by the 
board of supervisors of the county, and shall, after deducting the com¬ 
mission allowed by this act, retain the remainder in the township or 
city treasury and subject to the orders of the township and city boards. 


ANIMALS. 


15 


as provided in sections five and six of this act. The collector shall 
give to each person paying the tax on any dog, a receipt for the amount 
paid, which receipt shall bear date on which payment is made, shall 
describe the dog on which the tax was paid, and shall be numbered 
with a serial number and the year. He shall also give to such person 
a metal label that may be securely affixed to a dog collar. Such label 
shall bear the serial number and year, as does the receipt given, such 
receipts and labels to be paid for from the dog tax fund of said town¬ 
ship or city: Provided, That in each and every case where the collector 
is unable to collect the tax in the manner above specified prior to the 
first day of February in each year it shall be his duty to provide the 
sheriff of such county with a list of each and every dog upon which 
such tax has not been paid, and it shall be the duty of the sheriff of 
such county to levy .upon each and every dog upon which such tax 
has not been paid wherever said dog or dogs may be found, and it 
shall further be his duty to take possession of said dog or dogs and 
kill or cause the same to be killed. The absence of before mentioned 
label, or inability of owner to show a proper receipt, shall be sufficient 
evidence that the tax on any dog has not been paid. For this purpose 
the sheriff shall receive from the township or city in which said dog or 
dogs are assessed, a fee of one dollar for each and every dog so killed 
and buried, the same to be paid from the dog fund of said township or 
city upon the order df said township or city board. 

Sec. 5 . Proceeding upon loss of sheep killed by dogs: Whenever 
any person shall sustain a loss by the killing or wounding of his sheep 
or lambs by a dog or dogs, he may call on a disinterested justice of 
the peace of the township or city where such killing or wounding occurred, 
not of kin to such person, and not a member of the township board or 
city council, who shall proceed to view the sheep or lambs so killed or 
wounded, and if from such view he shall be satisfied that the same 
were killed or wounded by a dog or dogs, he shall make a certificate 
thereof in writing, stating the amount of damage sustained by such 
person, and shall deliver the same to the clerk of said township or city, 
who shall file the same in his office and record it in the records of the 
township or city. The said justice shall receive for his services in each 
case the sum of two dollars, to be paid out of the aforesaid fund, on 
the order of the township board or proper city officer or officers. 

Sec. 6 : Proportionate payment of claims, etc.; certificates of 
damage: At the annual meeting of the township board in each year, 
and at a meeting of the common council of each city in April of each 
year, the said board or council, as the case may be, shall examine all 
certificates of damages filed by the clerk as aforesaid, during the pre¬ 
ceding year, and if satisfied that in any case or cases, the certified 
damages are excessive, they may reduce the same to such amount as 
they may deem just, and may order the payment of all such loss as 
they may consider just out of the fund aforesaid, if it be sufficient for 


16 


MICHIGAN FARM LAWS. 


that purpose, and if not sufficient, • they may order a proportionate pay¬ 
ment of each claim. If the money in the fund aforesaid shall not be 
sufficient to pay all claims in full the balances on said claims remaining 
unpaid shall stand as claims against the aforesaid fund at the suc¬ 
ceeding annual meetings of said board, or said council, as the case may 
be, until said claims are paid in full, and the claims filed each year 
shall take priority over claims of succeeding years until they have been 

paid in full, those claims of each year being paid in full or by a pro¬ 

portionate payment, as the state of said fund will permit. * * * 
Provided, That no payment of loss shall be made as provided for in 
this section, unless the party applying for the same shall make it appear 
to the satisfaction of the township board or common council that he 
has made all due efforts and has not been able to obtain satisfaction 

therefor from the owner or owners or the dog or dogs which shall 

have done the damage, or shall make it appear that he is unable to 
ascertain who are the owners or who is. the owner of said dog or dogs. 
[Sec. 6 as amended 1907.] 

Sec. 7. Commission of collectors: The collectors shall be al¬ 
lowed to retain a commission of four per cent upon all sums collected 
by them under the provisions of this act, * * * . 

Sec. 8 . Penalty for neglect or refusal of officers to perform 
duty: A fine not less than fifty dollars or more than one hundred 
dollars for each offense, or by imprisonment in the county jail for a 
period not exceeding ninety days. 

Sec. 9 . Who deemed owner: Every person in possession of 
any dog, or who shall suffer any dog to remain about his premises 
for the space of fifteen days previous to the assessment of a tax or 
previous to any injury, chasing, worrying or killing of sheep, shall be 
deemed the owner of such dog for all purposes of this act. 

Sec. 10 . Penalty for keeping sheep killing dogs: Any person 
or persons who shall knowingly keep any dog known to be a sheep¬ 
killing dog, or who shall keep any such dog after it shall come to the 
knowledge of such person that such dog has been engaged in the killing 
of sheep, shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine of not less than ten nor more than 
fifty dollars, or by imprisonment in the county jail not exceeding three 
months, or by both such fine and imprisonment in the discretion of 
the court. 

Approved April 8, 1901, to take effect at once. 

Note — Sections 5596 and 5605 inclusive of the Compiled Laws, repealed. 

RABIES AMONG DOGS. 

(Hydrophobia, Mad Dogs.) 

It is made the duty of township boards of health to Investigate all 
reported cases of rabies (Hydrophobia) and establish such quarantine as 
may be necessary to prevent the spread of the disease. Said board may 
order the dogs of the township or any part thereof, confined or muzzled. 
A justice of the peace may upon complaint, and after hearing, order a 


ANIMALS. 


17 


rabid dog killed, or confined, in case of doubt as to whether the disease exists. 
When any rabid dog shall infect any domestic animal with rabies and 
said animal shall die or be ordered killed on account thereof the owner 
of said animal shall be reimbursed for said loss in the manner and out 
of the fund provided by act number 48 of Public Acts of 1901 (See Sec. 6, 
pages 16 and 17 this book). However, if such infected domestic animal 
belong to the owner of the dog infecting the same then such owner shall 
not be reimbursed for his loss. Officers refusing or neglecting to perform 
their duties are subject to a penalty, and any person violating the provi¬ 
sions of this act or of a quarantine regulation, or order to restrain, con¬ 
fine or muzzle dogs, etc., is subject to a fine of not less than ten nor more 
than one hundred dollars or imprisonment in county jail not less than ten 
nor more than thirty days, or both fine and imprisonment. [From Public 
Act No. 306, approved June 2, 1909.] 

IV. Diseases of Animals; Regulations for Preventing. 

A. State Live Stock Sanitary Commission. 

A state live stock sanitary commission; commission and veter- 
inary surgeon: Said commission shall consist of three members who 
are practical agriculturalists and engaged in the live stock industries, 
of the state. They are appointed by the governor for a term of six 
years, and are confirmed by the senate. A skilled veterinary surgeon, 
a graduate of a college of veterinary surgery, is also appointed to serve 
with the commission. His term is two j'ears. The members of the 
commission each receive the sum of five dollars and the veterinary 
five dollars per day, and expenses for the time actually spent in the 
discharge of their respective duties. [Secs. 5627, 5628 and 5629.] 

Duty of the commission; quarantine regulations, etc.: It shall 
be the duty of the commission to protect the health of the domestic 
animals of the state from all contagious or infectious diseases of a 
malignant character, and for this purpose it is hereby authorized and 
empowered to establish, maintain and enforce such quarantine, sanitary 
and other regulations as it may deem necessary. [5630.] 

Duty of persons to report disease to health officer: It shall be 
the duty of any person who discovers, suspects, or has reason to believe 
that any domestic animal belonging to him or in his charge, or that may 
come under his observation, belonging to other parties, is affected with 
any disease, whether it be a contagious or infectious disease, to imme¬ 
diately report such fact, belief, or suspicion to the live stock sanitary 
commission, or a member thereof, or to the local board of health or 
some member thereof. [5631.] 

Duty of local board of health to investigate cases reported; Com¬ 
mission to quarantine; expenses, how paid: It is hereby made the 
duty of all local boards of health, to whom cases of contagious or infec¬ 
tious diseases are reported, to immediately investigate the same, either 
in person by some member or members of the board, or by the employ¬ 
ment of a competent and skilled veterinarian; and should such inves- 


18 


MICHIGAN FARM LAWS. 


tigation show a reasonable probability that a domestic animal is affected 
with a contagious or infectious disease of a malignant character, the 
local board of health shall immediately establish such temporary quaran¬ 
tine as may be necessary to prevent the spread of the disease, and report 
all action taken to the commission or to some member thereof; and 
the acts of local boards of health establishing temporary quarantine 
shall have the same force and effect as though established by the com¬ 
mission itself, until such time as the commission may take charge of 
the case or cases, and relieve the local board of health. All expenses 
incurred by local boards of health in carrying out the provisions of this 
act shall be paid in like manner as are other expenses incurred by said 
boards in the discharge of their official duties. [5632.] 

Commission to quarantine; state veterinarian to be notified; 
his findings to be reported to the commission; powers and duties 
of the commission and veterinarian: The commission or any mem¬ 
ber thereof to whom the existence of any infectious or contagious 
disease of domestic animals is reported shall forthwith proceed to the 
place where such domestic animal or animals are and examine the 
same, and if in his or their opinion any infectious or contagious disease 
doe^ exist he or they are authorized to call upon the state veterinarian 
or other competent and skilled veterinarians proceed to the place where 
said contagious or infectious disease is said to exist and examine 
said animal or animals and report his or their finding to the said com¬ 
mission, which then shall prescribe such rules and regulations _as in 
their judgment the exigencies of the case may require for the effectual 
suppression and eradication of the diseasV, and for that purpose the 
said commission may list and describe the domestic animals affected 
with such disease and those which have been exposed thereto and included 
within the infected- district or premises, so defined and quarantined 
with such reasonable. certainty as would lead to their identification, 
and no domestic animal liable to become infected with the disease or 
capable of communicating the same shall be permitted to enter or leave 
the district, premises,or grounds so.quarantined, except by the authority 
of the commission. The said commission shall also, from time to time, 
give and enforce such directions, and prescribe such rules and regu¬ 
lations as to separating, mode of handling, treating, feeding, and caring 
for such diseased and exposed animals as it shall deem necessary to 
prevent the two classes of animals from coming in contact with each 
other, and perfectly isolate them from all other domestic animals which 
have not been exposed thereto and which are susceptible of becoming 
infected with the disease, and the said commission and veterinarian 
are hereby authorized and empowered to enter upon any grounds or 
premises to carry out the provisions of this act. When in the opinion 
of the commission it shall be necessary to prevent the further spread 
of any contagious or infectious disease among the live stock of the 


ANIMALS. 


19 


state, to destroy animals affected with or which have been exposed to 
any such disease, it shall determine what animals shall be killed, and 
appraise the same, as hereinafter provided, and cause the same to be 
killed and the carcasses disposed of as in their judgment will best 
protect the health of domestic animals of the locality. [5633.] 

Governor to be notified of quarantine; quarantine proclamation 
to be issued: When the commission shall have determined the quar¬ 
antine and other regulations necessary to prevent the spread among 
domestic animals of any malignant, contagious, or infectious disease 
found to exist among the live stock of the state, and given their order 
as hereinbefore provided, prescribing quarantine and other regulations, 
it shall notify the governor thereof, who shall issue his proclamation 
proclaiming the boundary of such quarantine and the orders, rules, and 
regulations prescribed by the commission, which proclamation may be 
published by written or printed hand bills posted within the boun¬ 
daries or on the lines of the district, premises, places, or grounds quar¬ 
antined : Provided, That if the commission decide that it is not neces¬ 
sary, by reason of the limited extent of the district in which such disease 
exists, that a proclamation should be issued, then none shall be issued, 
but such commission shall give such notice as may to it seem best to 
make the quarantine established by it effective. [5634.] 

Commission to appraise animal ordered killed: Whenever the 
commission shall direct the killing of any domestic animal or animals 
it shall be the duty of the commissioners to appraise the animal or 
animals condemned, and in fixing the value thereof the commissioners 
shall be governed by the value of said animal or animals at the date 
of appraisement. [5635.] 

Comission to issue a certificate to owner and report the same 
to governor; auditor to pay, etc.: Whenever any live stock shall be 
appraised and killed by order of the commission, it shall issue to the 
owner of the stock so killed a certificate showing the number and kind 
of animals killed, and the amount in their judgment, to which the 
owner is entitled, and report the same to the governor of the state, 

which certificate, if approved by the governor, shall be presented to 

the auditor general, who shall draw his warrant on the state treasurer 
for the amount therein stated, payable out of any money in the treasury 
not otherwise appropriated. [5636.] 

Owner to be paid for animal killed; unless, etc.: When any 
animal or animals are killed under the provisions of this act, by order 

of the commission, the owner thereof shall be paid therefor the appraised 

value as fixed by the appraisement hereinbefore provided for: Provided, 
The right of indemnity on account of animals killed by order of the 
commission under the provisions of this act, shall not extend to the 
owners of animals which have been brought into the state in a dis¬ 
eased condition, or from a state, country, territory, or district in which 
the disease with which the animal is affected, or to which it has been 


20 


MICHIGAN FARM LAWS. 


exposed, exists. Nor shall any animal be paid for by the state which 
may be brought into the state in violation of anj^ law or quarantine 
regulation thereof, or the owner of which shall have violated any of 
the provisions of this act, or disregarded any rule, regulation, or order 
of the live stock sanitary commission or any member thereof. Nor 
shall any animal be paid for by the state which came into the possession 
of the claimant with the claimant's knowledge that such animal was 
diseased, or was suspected of being diseased, or of having been exposed 
to any contagious or infectious disease. [5637.] 

Disposition of domestic animal affected with any contagious 
disease; penalty, etc.: Any person who shall have in his possession 
any domestic animal affected with any contagious or infectious disease, 
knowing such animal to be so affected, or, after having received notice 
that such animal is so affected, who shall permit such animal to run 
at large, or who shall keep such animal where other domestic animals 
not affected by or previously exposed to such disease may be exposed 
to its contagion or infection, or who shall sell, ship, drive, trade, or give 
away such diseased animal or animals which have been exposed to 
such contagion or infection, or who shall move or drive any domestic 
annimal in violation of any direction, rule or regulation, or order establish¬ 
ing and regulating quarantine, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be fined in any sum not less than 
ten dollars nor more than one hundred dollars, or be imprisoned in 

the county jail not less than ten nor more than ninety days, or both 

such fine and imprisonment in the discretion of the court, for each of 
such diseased or exposed domestic animals which he shall permit to 
run at large, or keep, sell, ship, drive, trade or give away in violation 
of the provisions of this act. [5638.] 

Penalty for bringing diseased animals into the state. Any per¬ 
son who shall knowingly bring into this state any domestic animal which 
is affected with any contagious or infectious disease, or any animal 
which has been exposed to any contagious or infectious disease, shall 
be deemed guilty of a misdemeanor, and on conviction thereof, shall 

be fined in any sum not less than one hundred dollars nor more than 

five thousand dollars, or be imprisoned in the state prison not to exceed 
one year, or both such fine and imprisonment in the discretion of 
the court [5639.] 

Refusal to allow the veterinarian to examine stock; penalty: 

Any person who owns or is in possession of live stock which is affected, 
or which is suspected or reported to be affected, with any infectious 
or contagious disease, who shall willfully prevent or refuse to allow 
the state veterinarian or commissioner or other authorized officer or 
officers to examine such stock, or shall hinder or obstruct the state 
veterinarian or other authorized officer or officers in any examination 
of, or in an attempt to examine such stock, shall be deemed guilty of 


ANIMALS. 


21 


a misdemeanor, and upon conviction thereof, shall be fined in any 
sum not less than ten dollars nor more than one hundred dollars, 
or be imprisoned in the county jail not less than ten nor more than 
ninety days or both such fine and imprisonment in the discretion of 
the court. [5640.] 

Penalty for violation of the law: Any person who shall will¬ 
fully violate, disregard or evade, or attempt to violate, disregard or 
evade any of the provisions of the foregoing fourteen sections, or who 
shall willfully violate, disregard or evade any of the rules, regulations, 
orders or directions of the live stock sanitary commission establishing 
and governing quarantine, shall be deemed guilty of a misdemeanor, 
and, upon conviction thereof, shall be fined in any sum not less than 
ten dollars nor more than one hundred dollars, or be imprisoned in the 
county jail not less than ten nor more than ninety days, or both such 
fine and imprisonment in the discretion of the court. [5641.] 

Commission is authorized to employ persons and purchase sup¬ 
plies, etc.: The commission provided for in this act shall have power 
to employ at the expense of the state such persons and purchase such 
supplies and material as may be necessary to carry into full effect all 
orders by it given. [5642.] 

Sheriff, et. al., to execute orders of commission; prosecuting at¬ 
torney to prosecute; The commissioners shall have power to call upon 
any sheriff, under-sheriff, deputy sheriff, or constable to execute their 
orders, and such officers shall obey the orders of said commissioners, 
and the officers performing such duties shall receive compensation there¬ 
for as is prescribed by law for like services, and shall be paid therefor 
in like manner. And any officer may arrest and take before any justice 
of the peace of the county any person found violating any of the pro¬ 
visions of this act, and such officer shall immediately notify the prose¬ 
cuting attorney of such arrest, and he shall prosecute the person so 
offending according to law. [5643.] 

Importation of live stock into state to be prohibited, when; ani¬ 
mals to be examined and quarantined, when: Whenever the governor 
of the state shall have good reason to believe that any dangerous, 
contagious, or infectious disease has become epizootic in certain localities 
in other states, territories or countries, or that there are conditions 
which render such domestic animals from such infected districts liable 
to convey such disease, he shall by proclamation prohibit the impor¬ 
tation of live stock, of the kind diseased into the state, unless accom¬ 
panied by a certificate of health given by a duly authorized veterinary 
surgeon; and all such animals arriving in this state shall be examined 
immediately by the commission or some member thereof, and if he or 
they deem necessary he or they shall have said animals inspected by the 
state veterinary surgeon, and if in his opinion there is any danger from 
contagion or infection, they shall be placed in close quarantine until 


22 


MICHIGAN FARM LAWS. 


such danger of infection or contagion is passed, when they shall be 
released by order of said commission or some member thereof. [5644.] 
Administering oaths, etc.: For the purposes of this act each 
member of the live stock sanitary commission is hereby authorized and 
empowered to administer oaths and affirmations. [5645.] 

Commission required to operate with U. S. Board: This com¬ 
mission is hereby authorized and required to co-operate with any board 
or commission acting under any present or future act of congress for 
the suppression and prevention of contagious or infectious diseases 
among domestic animals, and the same right of entry, inspection and 
condemnation of diseased animals upon private premises is granted to 
the United States board or commission as is granted to the com¬ 
mission granted under this act. [5646.] 

Commission to report to the governor, etc: The commission 
shall make biennially a detailed report of its doings to the governor, which 
report shall be transmitted to the legislature at its regular biennial session. 
[5647.] 

Sheep and horses included: This act shall be construed so as 
to include sheep and horses. [5648.] 

Railroad companies, etc.: To forfeit not less than $ 500.00 and 
not more than $5,000.00 to state and pay damages caused to any cattle 
upon failure to comply with this act. [5649.] 

NOTE: Three additional sections to the law for preventing diseases 
among domestic animals were passed at the legislative session, 1909, pro¬ 
viding for the payment for cattle killed on the order of the state live 
stock sanitary commission because of infection with tuberculosis, and pro¬ 
hibiting importation into the state of cattle affected with tuberculosis, etc., 
said provisions to apply to cattle being shipped through the state to points 
beyond the state or to persons living near the state line and owning land 
in adjoining states, and who may drive said cattle to and from said land 
for pasturage. [From Public Act No. 172, approved June 1, 1909.] 

B. Regulations as to Texas Cattle. 

Transporting certain cattle: It shall not be unlawful to trans¬ 
port any neat cattF into or across this state, yard or feed the same, 
that have been reared or kept south of the thirty-sixth parallel of north 
latitude, and that have not subsequently been kept continuously at 
least one . winter north of said parallel, and which may be brought 
within the limits of this state between the first day of April and the 
first day of November, following, except in the manner hereafter pro¬ 
vided. [5650.] 

Railroads must use sign: It shall be the duty of all railroad com¬ 
panies doing business in this state to receive and transport while in 
this state, the class of cattle mentioned in section one, .only in cars that 
are branded or lettered legibly and distinctly and in plain view, the 


ANIMALS. 


words “for the transportation of Texas cattle only;” and they shall 
not permit or allow any other class of cattle to enter those cars between 
the first day of April and the first day of November following: Pro¬ 
vided, That cattle coming from other states for transportation through 
this state when it is impossible to ascertain where they came from may 
be shipped in such, cars, but shall be treated in all respects as coming 
from the country south of the thirty-sixth parallel of north latitude. 
[5651.] 

NOTE — Other provisions of the law (Secs. 5652-3-4) relate to duties of railroad 
Secs 4468, 4469 and 4470, relate to general power of the Governor and Commission. 


C. For Prevention of Foot-Rot Among Sheep. 

Driving or allowing sheep infected with foot-rot on highway 
unlawful: It shall be unlawful for any person or persons to allow to 
run at large on, or to drive along any highway in this state between the 
first day of May and the first day of November of each year, any sheep 
known to be infected with the disease known as the foot-rot. [5655.] 
Penalty: Any person or persons violating the provisions of the 
foregoing section, shall be deemed guilty of a misdemeanor, and on 
conviction thereof, shall pay a fine not less than twenty-five nor 
more than one hundred dollars, in the discretion of the court, in addition 
to the costs of prosecution; and in case the fine imposed, and the costs 
of prosecution shall not be paid, the defendant shall be confined in the 
county jail not less than thirty days nor more than sixty days, in the 
discretion of the court. [5656.] 

D. To Prevent importation, Running at Large and Sale of Diseased 

Sheep. 

Importing diseased sheep unlawful; penalty: It shall not be 
lawful for the owner of sheep, or any person having the same in charge, 
knowingly to import or drive into this state sheep having any con¬ 
tagious disease; and any person so offending shall be deemed guilty of a 
misdemeanor, and shall be punished by fine in any sum not less than 
fifty dollars, and in default of the payment thereof, by imprisonment in 
the county jail not more than three months. [5657.] 

Penalty for allowing diseased sheep to run at large: Any 
person being the owner of sheep, or having the same in charge, who 
shall turn out, or suffer any sheep having any contagious disease, knowing 
the same to be so diseased to run at large upon any common, highway, 
or uninclosed lands, or who shall sell or dispose of any sheep, knowing 
the same to be so diseased, without first apprising the purchaser thereof 
of such disease, shall be deemed guilty of a misdemeanor, and shall be 
punished by fine in any sum not less than fifty dollars nor more than 


24 


MICHIGAN FARM LAWS. 


one hundred dollars, and in default of the payment thereof, by imprison¬ 
ment in the county jail not more than three months. [5658.] 

Civil action for damages may be maintained: Nothing in 
this act shall be so construed as to prevent the recovery of damages, in 
civil actions, against any person or persons who shall import or drive 
such diseased sheep into this state, or who shall allow such diseased 
sheep to run at large, or who shall sell such diseased sheep. [5659; 
refers to the two preceding sections.] 

V. Marking and Branding of Live Stock. 

Owners may adopt brand and have same recorded: Every per¬ 
son who has cattle, horses, hogs, sheep, goats, or any other domestic 
animals, may adopt an ear mark or brand, which ear mark or brand 
may be recorded in the office of the county clerk of the county where 
such cattle, horses, hogs, sheep, goats, or other domestic animals shall 
be: Provided, That the mark or brand so adopted and recorded shall 
be different from all other marks or brands, adopted and recorded in 
such county. [5660.] 

Duty of clerk; fee for: It shall be the duty of the county clerks 
of the several counties of this state, to keep a book in which they shall 
record the mark or brand adopted by each person who may apply to 
them for that purpose, for which they shall be entitled to demand and 
receive twenty-five cents. [5661.] 

Changing brand unlawful; penalty: If any person shall mark 
or brand, or alter or deface the mark or brand of any horse, mare, colt, 
jack, jenny, jennet, mule, or any one or more head of neat cattle or 
sheep, goat, hog, shoat, pig, or other domestic animal, the property of 
another, with intent thereby to steal the same, or to prevent identification 
thereof by the true owner, he shall be deemed guilty of felony, and 
shall be punished by imprisonment at hard labor in the state prison, 
Hot to exceed two years, or by a fine of not more than two hundred 
dollars, or both, in the discretion of the court. [5662.] 

VI. Lien upon Horses and other Animals for Cost of Shoeing. 

Lien upon horses and other animals for cost of shoeing: Every 
person who shall shoe or cause to be shod by his employes, any horse, 
mule, ox or other animal shall have a lien upon the animal shod for 
his reasonable charges for shoeing the same, and each lien conferred 
by this act shall take precedence of all other liens or claims thereon 
not duly recorded prior to recording claim of lien as hereinafter pro¬ 
vided. But such lien shall not attach when the property has changed 
ownership prior to the filing of such lien. [10771.] 

Time within which claim of lien to be made: Any person desir¬ 
ing to secure the benefit of this act shall, within sixty days after the 


ANIMALS. 


25 




shoeing of such horse, mule, ox or other animal, or in case he shall 
have shod such animal more than once within that time, then within 
sixty days after the date of the last shoeing, file with the township 
clerk, or the city clerk, as the case may be, in the township or city in 
which such animal is, a statement made under oath by the claimant or 
someone in his or her behalf and a notice of his intention to claim a lien 
upon such animal for his charges for shoeing the same. [10772.] 

Name of owner, description, etc., to be given: Such statement 
and notice shall state the name of the person claiming the lien, the 
name of the owner or reputed owner of the animal sought to be charged 
with the lien, and a description sufficient for identification of the animal 
upon which the lien is claimed ‘and the amount due the claimant, as 
near ds may be, over and above all legal set-offs. [10773.] 

Successive liens upon same animals may be filed: Any person 
may file successive liens upon the same animal for different charges for 
shoeing the same, and he may include in any one claim of lien his charges 
for any number of times of shoeing such animal: Provided, however, 
That no lien shall be had for any shoeing of any animal done more 
than six months prior to and filing of the notice of lien. [10774.] 

Duty of clerk, fees, etc.: It shall be the duty of the township 
or city clerk as the case may be, upon the presentatioil to him of any 
such statement and notice of lien, to file the same in his office in the 
same manner as provided by law for the filing and recording of chattel 
mortgages; and he shall be entitled to charge and receive from the person 
filing such statement and notice a fee of twenty-five cents and no more. 
[10775.] 

Evidence: A copy of any such statement and notice of lien 
filed as aforesaid, certified by the township or city clfcrk, as the case 
may be, shall be received in evidence in any proceeding taken to enforce 
the lien herein provided for, but only of the fact that such statement 
and notice of lien was received and filed according to the endorsements 
of the township or city clerk thereon, and of no other fact. [10770.] 
Who may commence suit: The person having such lien 
may commence a suit for the recovery of such charges, by summons, in 
the usual form, before any justice of the peace of the township or city 
in which he resides, or in any court, as the case may require, against the 
person liable for the payment thereof. [10777.] 

Service of summons: If such summons be returned personally 
served upon the defendant, the same proceedings shall thereupon be had 
in all respects as in other suits commenced by summons in which there 
is a personal service of process, and judgment shall be rendered in 
such suit in like manner. [10778.] 

Proceedings when defendant not found in county: If the officer 
return upon such summons that the defendant cannot be found in his 
county, the same proceedings shall thereupon be had in all respects, 


26 


MICHIGAN FARM LAWS. 


as near as may be, as in suits commenced by attachment in which there 
is not a personal service of the attachment upon the defendant, and judg¬ 
ment shall be rendered in such suit in like manner. [10779.] 

Proceedings after judgment: If the plaintiff recover judgment 
in such suitf execution shall issue thereon in the same manner and with 
the like effect as upon judgments rendered in suits commenced by attach¬ 
ment, and the horse, mule, ox or other animal upon which the plaintiff 
holds such lien shall not be exempt from execution but may be sold 
to satisfy such execution in the same manner as if it had been seized 
and held upon an attachment in such suit. [10780.] 

Expense of proceedings an additional lien: All expenses 
which shall have been incurred by the person having such lien, after 
the same accrued, shall be an additional lien upon the property, and 
shall be computed and ascertained upon the trial or assessment of 
damages, and included in the judgment. [10781.] 

Duty of court: In all suits and attachments prosecuted under 
the provisions of this act, the court, jury or justice of the peace who 
shall try the same or make an assessment of damages therein, shall, 
in addition to finding the sum due the plaintiff, also find that the 
same is due for the cost of shoeing the horse, mule, ox or other animal 
described in plaintiff’s declaration and is a lien upon the same: Pro¬ 
vided, however, That if the court, jury or justice of the peace shall 
find that the aimount due the plaintiff is not a lien upon the property 
described in the plaintiff’s declaration, the plaintiff shall not be non¬ 
suited thereby, but shall be entitled to judgment as in other civil actions; 
but in such' case said plaintiff shall not recover or tax any costs other 
than those allows! and taxable in such case; and in those cases where 
the amount due is found to be a lien upon the property mentioned in 
plaintiff’s declaration, the finding or verdict may be in the following 
form: (The court, jurors, or justice, as the case may be) say that 
there is due the plainfiff the sum of.dollars from the said def¬ 

endant, and that the same is due for his reasonably charges for shoeing 
the animal mentioned in plaintiff’s declaration (giving a description 
sufficient for identification of the animal), and that the plaintiff has 
a lien upon said animal for said amount. [10782.] 

When lien is perfected animal to be advertised for sale; de¬ 
scription and cause of sale to be given: When the said lien shall be 
duly perfected, as above provided, the horse, mule, ox or other animal, as. 
above provided, shall be disposed of to satisfy said lien as follows: The 
person obtaining said lien shall advertise said horse, mule, ox or other 
animal for sale, in the city, village or township as the case may be, where 
the claim of lien is filed, in a newspaper published within the city, village 
or township, as the case may be, if a newspaper be published within the 
city, village or township, and if not, in a newspaper published within the 
county once a week for three consecutive weeks, giving in said advertise- 



ANIMALS. 


27 

ment a description of said animal and cause of sale of same and at the ex- 
pirtion of said time, said horse, mule, ox or other animal shall be sold to 
the highest bidder, and the surplus, if any, after the payment of said 
lien and cost of court, and interest on said claim, to the claimant, 
shall be returned to the owner of said horse, mule, ox or other animal 
by the sheriff or constable, as the case may be, conducting said sale. 
[10783.] 

VII. Lien on Mare and Get for Service of Stallion. 

{Approved and in Effect June 12, 1907.) 

Section i. Lien upon mare and lien upon get of stallion: The 

owner or keeper of any stallion shall have a lien upon the mare served 
by any such stallion in breeding thereof, for the amount of the service 
fee according to the terms of the agreement under which said mare is 
bred; such lien shall continue for the period of eighteen months after 
the date of such service; and shall also have a lien upon the get, if 
any, by such stallion for the amount of the service fee of such stallion, 
and such lien shall continue for a period of six months after the birth 
or foal of such get. 

Sec. 2 . Contract to be signed; form: The owner or keeper of 
a stallion in order to obtain and perfect such lien shall require the 
owner of such dam to sign a contract in substantially the following 
form: 

This agreement made and entered into by and between. 

..., first party, of .. Michigan, owner and 

keeper of the stallion named.. and .. 

second party, of .. Michigan, owner of dam described 

as follows: Name.-., age . years, color 

... weight . pounds, and served this 

day by said stallion. Service fee $. due . 

To insure service fee $. due . First party 

shall have a lien on the mare for such, service fee for a period of 
eighteen months from this date and shall also have a lien upon the 
get of said stallion, if any, for such service fee, for a period of six 
months after .the birth or foal of such get. Second party to have return 

privileges for the season as follows: .. 

The lien, herein provided, shall be enforced by the seizure of the 
property and sale thereof after like notice as requird by law for con¬ 
stable’s sales. Such seizure may be made at any time when first party 
may deem himself insecure, or if the owner of said dam or colt shJill 
sell, assign or dispose of, or attempt to sell, assign or dispose of the 
property, or remove or attempt to remove the same from the township 

of ... county of ., Michigan. The safc 

may be made at any time after such seizure and the giving of the notice 
as herein provided. 



















r 


28 MICHIGAN FARM LAWS. 

In witness whereof the parties hereto have this . day of 

., 4- D.., subscribed their respective names. 

Sec. 3. Contract valid as against a bona fide purchaser; when: 
The lien herein provided shall not be valid as against a subsequent bona 
fide purchaser unless the owner or keeper of such stallion, or his assign, 
shall, after such service and before a bona fide sale of such mare or 
colt, file with the township or city clerk in the township or city wherein 
such property is owned or kept the contract or a true copy thereof 
as entered into by the owners and keepers of said stallion and said dam 
and shall pay to the clerk the sum of twenty-five cents as a filing fee. 
The lien as between the parties to the contract shall be absolute without 
any filing of such contract. 

Sec. 4. Enforcement of lien; no lien where breeding of stallion 
misrepresented: Such lien may be enforced by the owner or keeper 
of such stallion, or by any person to whom such debt may be assigned, 
by seizure and sale of the colt or mare, or both, mentioned in said lien, 
or so much thereof as may be necessary to satisfy said debt, and also the 
reasonable expense of such seizure and sale, returning the residue, if any, 
to the owner of such colt or mare. Such seizure and sale to be made 
according to the provisions of this act: Provided , That no recovery 
can be had for the services of such stallion, where the owner or keeper 
thereof has wilfully or fraudulently misrepresented the breeding of such 
stallion. 


VIII. Stray Animals. 

(Law of Lost Goods and Stray Beasts.) 

Notice of finding lost goods, to be given: When any person 
shall find any lost money, or lost goods, if the owner thereof be known, 
he shall immediately give notice thereof to such owner; if the owner 
thereof be unknown, and such money or goods be of the value of three 
dollars or more, the finder shall, within two days, cause notice thereof 
to be posted in two public p4aces within the township where the same 
were found; and shall also, within seven days, give notice thereof, 
in writing, to the township clerk of such township, and pay him twenty- 
five cents for making an entry thereof in a book to be kept for that 
purpose. [5739.] 

Same subject: If the money or goods so found to be of the 
value of ten dollars or more, and the owner thereof be unknown, the 
finder thereof shall also, within one month after such finding, cause notice 
thereof to be advertised in some newspaper in the same county, if one be 
published there, and if not, then in some newspaper published in an 
adjoining county, and continud therein for six successive weeks. [5740.] 

When horses, mules, etc., may be taken up; when neat cattle, 
sheep or swine may be taken up: It shall be lawful for any resident 
freeholder of any township in this state to take up any stray horses, 






ANIMALS. 


29 


mules, or asses, by him found going at large in such township, beyond 
the range where such horses, mules, or asses usually run at large; 
and also to take up between the first day of November and the thirty- 
first day of March, any stray neat cattle, sheep or swine, by him found 
going at large therein, beyond the range where such animals usually run 
at large. [5741.] 

Notice by finder; township clerk’s fee; notice to county clerk; 
fee: Such finder shall immediately give notice thereof to the owner 
of any such animal, if known to him; but if the owner thereof be 
unknown, such finder shall, within ten days, cause notice thereof to 
be entered with the township clerk, in such book as aforesaid, containing 
a description of the color, age, and natural and artificial marks of such 
animals, as near as may be, together with the name and residence of 
such finder, and shall pay to said township clerk the sum of fifty cents for 
entering the same and sending notice as hereinafter required; and the 
township cierk shall, immediately upon receipt of such notice, make 
and send to the county clerk a copy of the same, who shall, immediately 
upon receipt thereof, enter the same in, a book to be kept by him for 
that purpose, and the finder shall pay to the township clerk the further 
sum of twenty-five cents, which sum shall be sent with the notice as 
aforesaid to the county clerk, and the same shall be the amount of fees 
said county clerk shall be entituel to receive for his services. [5742.] 
Notice to be published in newspaper: If the owner of any such 
animal or animals shall not, within one month, appear and reclaim them, 
and such animal or animals taken up at the same time shall be of the 
value of ten dollars or more, the finder shall cause such notice to be 
published in a newspaper in the same county, if one be published there, 
and if not, then in a newspaper published in an adjoining county, and 
continued therein for six successive weeks. [5743.] 

Appraisal of lost goods and stray animals: Every finder of lost 
goods or stray animals, of the value of ten dollars or more, shall, 
within three months, and before any use shall be made thereof, procure 
an appraisal of the same to be made and certified by a justice of the 
peace of his township, which appraisal he shall, within said three months, 
cause to be filed with the township clerk; and he shall pay to such 
justice fifty cents for such appraisal and certificate, and six cents for 
each mile necessarily traveled by him in such service, and to the clerk 
six cents for filing the certificate. [5744.] 

.When owner, etc., to have restitution: If the owner or person 
entitled to the possession of any such money or goods, other than stray 
animals, shall appear at any/time within one year after such entry with 
the township clerk, and make out his rights thereto, he shall have 
restitution of the same, or of the value thereof, upon his paying all 
the costs and charges aforesaid, together with a reasonable compen¬ 
sation to the finder for keeping and taking care of the same, and for 
his necessary travel and expenses in the case; which charges shall, in 


30 


MICHIGAN FARM LAWS. 


case of disagreement between the owner and finder, be determined by 
some justice of the peace of the township, who shall certify the same. 
[5745.] 

When goods, etc., shall remain with finder, and township entitled 
to one-half of value: If no owner or person entitled to the possession 
of the same shall appear in one year, when such^lost money or goods 
shall remain to the finder, he paying one-half of the value thereof to 
the treasurer of the township, according to said appraisement, after 
deducting from such value all the fees and charges aforesaid, to be 
determined and certified by a justice of the peace as aforesaid: and 
itpon the neglect or refusal to pay the said half of the value, the same 
shall be recovered by the township treasurer, in an action of debt, or 
on the case. [5746.] 

When owner, etc., to have restitution 'of stray beasts. If the 

owner or person entitled to the possession of any such stray beast, 
shall appear within six months after such entry with the township 
clerk, and shall make out his right thereto, he shall have restitution 
of the same, upon paying all lawful charges as before provided in the 
case of lost goods. [5747.] 

Sale of stray and disposition of proceeds: If such owner or per¬ 
son entitled to the possession of the same, shall not appear and make 
out his title to the animal or animals within the said six months, such 
animal or animals shall be sold at the request of the finder, by any 
constable of the township, at public auction, upon first giving notice 
thereof in writing, by posting up the same in three of the most public 
places in such township, at least ten days before such sale; and the 
finder may bid therefor at such sale, and the money arising therefrom, 
after deducting all the lawful charges aforesaid, and the fees of the 
constable, which shall be the same as upon a sale on execution, shall 
be deposited in the treasury of the township, and notice thereof shall 
be given by the constable making such sale, to the township clerk, whose 
duty it shall be to charge the same to the treasurer of the township. 
[5748.] 

When owner, etc., to receive moneys deposited with township 
treasurer: If the owner or person entitled to the possession of any 
such animal, shall appear within one year after the entry with the 
township clerk as aforesaid, and establish by his own affidavit, or other¬ 
wise, to the satisfaction of the township treasurer, his title thereto, he 
shall be entitled to receive the money so deposited in the township 
treasury, from the proceeds of the sale; and if no owner or person 
entitled to the possession of the same shall appear within the said 
year, such money shall belong to the township. [5749.] 

Liabilities of finders of lost goods, etc.; penalty for violating 
this act: If the finder of any lost money, goods or stray beasts, shall 
neglect to cause the same to be entered, advertised, or notice thereof 
to be posted as directed in this chapter, he shall be precluded from all 


ANIMALS. 


31 


the benefits of this chapter, and from all claim for keeping such goods or 
animals, or on account of any charges in relation thereto; and if any 
party shall willfully, and with fraudulent intent to convert the same to 
his own use, neglect to make such entry, or to cause the same to be 
advertised, as hereinbefore provided, for thirty days, he shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be fined not 

less than ten, nor more than fifty dollars, and in the default of the 

payment thereof, be imprisoned in the county jail for a period not 
exceeding ninety days. [5750.] 

.Liability of person unlawfully taking stray animal: If any per- 

spn shall unlawfully take away any animal, taken up as a stray pursuant 

to the provisions of this chapter, without paying all the lawful charges 

incurred in relation to the same, he shall be liable to the finder thereof 
to the value of such animal, which may be recovered in an action of 
trespass, or on the case. [5751.] 

When horses, etc., may be moderately worked by finder: If any 

horses, mules or oxen, of sufficient age and strength, and used to work, 
shall be taken up under the provisions of this chapter as strays, and 
shall not be reclaimed by the owner within one month after the entry 
thereof with the township clerk, the person taking up the same may 
moderately and carefully work such horses, mules, or .oxen, within the 
township where they were so taken up; and the value of such labor 
shall be deducted from the charges aforesaid. [5752.] 

IX. Docking horses. 

Docking horse’s tail unlawful; penalty; exception: Whoever 
shall cut the bone of the tail of any horse for the purpose of docking 
the tail, or whoever shall cause or knowingly permit it to be done 
upon the premises of which he is the owner, lessee, proprietor or user, 
or whoever shall assist in or be present at such cutting, shall be guilty 
of a misdemeanor, and shall be punished by imprisonment in the State 
House of Correction not exceeding one year, or by a fine of not less 
than one hundred dollars nor more than three hundred dollars, in the 
discretion of the court: Provided, That such cutting of the bone of 
the tail of any horse for the purpose of docking the tail shall be lawful 
when a certificate of a regularly qualified veterinary surgeon shall first 
be obtained certifying that such cutting is necessary for the health 
or safety of such horse. [Approved June 20, 1905, and ordered to take 
immediate effect.] 

X. Fraudulent Entries in Speed Contests. 

Fraudulent entry in speed contests; penalty: If any person or 
persons shall knowingly and corruptly enter, or cause to be entered 
for competition, or to compete for any prize, purse, premium, stake, 


32 


MICHIGAN FARM LAWS. 


or sweepstakes, offered by any agricultural society or driving club, 
or other society organized under the laws of this state, or by any 
association of persons in this state where the same is to be decided 
by a contest of speed, any horse, mare, gelding, colt or filly, under an 
assumed or false name, or out of its proper class or division, with 
intent to cheat or deceive such society or organization or association, 
he shall on conviction be punished by imprisonment in the state prison 
for a term not exceeding three years, or by a fine not exceeding one 
thousand dollars, or by both such fine and imprisonment. [11769..] 

How class or division determined: The class or division in which 
an entry is made, within the meaning of this act, shall be determined 
by the rules and regulations of the society, organization or association 
under whose auspices the contest is to be conducted and the published 
terms and conditions under which the prize, purse, premium, stake or 
sweepstakes, is offered, opened or announced. [11770.] 

True name defined: The true name of any horse, mare, gelding, 
colt or filly, within the meaning of this act, shall be the name by which 
it is known under and according to the rules and regulations of such 
society, organization, or association, and the name by which any horse, 
mare, gelding, colt or filly has once competed for any prize, purse, 
premiums, take or sweepstakes, shall be regarded as its true name, unless 
the name is changed as provided by said rules and regulations. [11771.] 

XI. Fraudulent Registration and False Pedigrees. 

Certificate of Registration obtained by false pretense; giving 
false pedigree; penalty: Every person^ who knowingly or designedly 
by means of any false pretense shall obtain from any club, association, 
society, or company for improving the breed of cattle, horses, sheep, 
swine, or other domestic animals, a certificate of registration of any 
animal in the herd register or other register ,of any such club, asso¬ 
ciation, society, or company, or a transfer of any such registration, 
and every person who shall knowingly give a false pedigree of any 
animal, with intent to defraud, upon conviction thereof shall be punished 
by imprisonment in the state prison for a term not exceeding three 
years or in a county jail for a term not exceeding one year, or by a 
fine not exceeding one thousand dollars, or by both such fine and 
imprisonment in the discretion of the court. [11622.] 

Proving breeding #f horses: Whenever it becomes necessary 
to show the breeding of any horse in any action at law or in equity, the 
same may be shown by Wallace’s year book, Wallace’s ’American trotting 
register or American register year book, or the American trotting register, 
and whenever a horse is registered in the registers aforesaid the same 
shall be prima facie evidence of its breeding. [10202.] 



ANIMALS. 


3 $ 


XII. Unhitching and Driving Horses of Another Without Authority. 

Unhitching horses, etc., without authority; Penalty for: Every 

person who shall willfully and maliciously, or wantonly, and without 
authority unhitch any horse or team belonging to another, and lawfully 
hitched or standing in any street, alley, or other place, or who in like 
manner shall ride or drive such horse or team away shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be punished 
by a fine not exceeding one hundred dollars or by imprisonment not 
exceeding ninety days, or both, in the discretion of the court. [11602.] 

XIIl. Killing, Maiming, Disfiguring or Poisoning Animals. 

Maliciously killing, maiming, disfiguring or poisoning beasts: 

Every person who shall willfully and maliciously kill, maim, or disfigure 
any horses, cattle, or other beasts of another, or shall willfully and 
maliciously administer poison to any such horses, cattle or other beasts, 
or expose any poisonous substance with intent that the same should be 
taken or swallowed by them, or who shall willfully and maliciously 
destroy' or injure the personal property of another, by any means not 
particularly mentioned or described in this chapter, shall be punished 
by imprisonment in the state prison not more than five years, or by 
fine not exceeding one thousand dollars, and imprisonment in the county 
jail not more than one year. [11581.] 

XV. Exposing Poisons Endangering Lives of Animals. 

Unlawful expose poisonous substances except on own prem¬ 
ises: It shall be unlawful for any person to expose any known poi¬ 
sonous substance, whether mixed with meat or other food or not, so 
that the same shall be liable to be eaten by any horses, cattle, dogs, or 
other beasts of another; and any person so exposing any known poison 
^iall, on conviction of such offense, be punished by imprisonment in the 
county jail not more than three months, or by a fine of not less than 
ten nor more than one hundred dollars, or by both such fine and imprison¬ 
ment : Provided, That it shall not be unlawful to expose on one’s own 
premises common rat poison mixed only with vegetable substances, nor 
for any person to expose on his own premises, not within the limits of 
any incorporated city or village, poisons for the destruction of predatory 
or dangerous prowling animals. [11598.] 

XV. Horse Stealing. 

Punishment for horse stealing, etc.: Every person who shall 
steal any horse, mare, gelding, foal or filly, ass or mule, of. any 
3 M F L 


34 


MICHIGAN FARM LAWS. 


value, or who shall receive, buy, conceal, or aid in the concealment of 
any stolen horse, mare, gelding, foal or filly, ass or mule, knowing the 
same to have been stolen, shall, upon conviction thereof, be punished 
by imprisonment in the state prison not less than three years nor more 
than fifteen years: Provided, however, That in cases of first offense 
the court may, in its discretion, sentence the person so convicted to the 
state house of correction for a term not exceding two years. [11595.] 

/ \ 

v 

XVI. Companies for Detection and Apprehension of Horse 
Thieves and Other Felons. 

Formation of companies: Any number of persons, citizens of 
said state, not less than ten, may and are hereby authorized to form 
themselves into a company for the purpose of detecting and apprehend¬ 
ing horse thieves and other felons, as hereinafter provided. [8470.] 

Articles; where filed and recorded: Persons desirous of form¬ 
ing such companies shall each subscribe articles of association, in which 
shall be set forth the name said company shall [may] choose, and the 
residence of each member. Said articles of association shall be filed 
and recorded in the office of the register of deeds of the county in 
which a majority of the members of said company may reside; and a 
certified copy of said record shall be received as evidence in any court 
of the state of the existence of such company, and the membership of 
.any person belonging thereto. [8471.] 

Powers and privileges: Such company may sue or be sued, 
have the use of a common seal (8472) ; elect or appoint such officers 
.as they may deem necessary (8473); adopt a constitution and by¬ 
laws and enforce obedience to the same (8474); fix the number of 
members which shall constitute a quorum for the transaction of business 
(8475); admit and expel members making record on the books of 
the company thereof (8476) ; hold and possess real or personal prop¬ 
erty to the amount of ten thousand dollars, and receive donations 
of money or other property to further its objects and may make 
assessments upon its members for same purpose (8477) ; and members 
shall have the power to call the peace officers of the State to his 
assistance when in pursuit of thieves and felons and in reclaiming 
stolen property and each member shall be entitled to the protection, 
rights and privileges of constables when so engaged. [8478.] 


CHAPTER ia. 


Banking- Law. 

I. To protect the financial condition or standing of banks. 

I. To Protect the Financial Condition or Standing of Banks. 

Any person who shall wilfully and maliciously make, circulate or 
transmit to another or others, any statement, rumor or suggestion, writ¬ 
ten, printed or by word of mouth, which is directly or by inference 
derogatory to the financial condition or affects the solvency or finan¬ 
cial standing of any incorporated bank, savings bank, banking institution 
or trust company doing business in this State, or who shall counsel, 
aid, procure, or induce another to start, transmit or circulate any such 
statement or rumor, shall be guilty of a felony, and upon conviction 
thereof, shall be punished by a fine of not more than five thousand 
dollars or by imprisonment for a term of not more than five years or 
both. [Public Act No. 273, Approved June 2, 1909.] 

35 


CHAPTER 2. 


Bees. 


I. Act for suppression of foul brood among bees. 

II. Ownership of bees in flight. 

III. Bee-trees, wild bees and honey. 

IV. Bees as a nuisance. 

V. Owner liable for damages caused by bees; when. 

I. Act for Suppression of Foul Brood Among Bees. 

{Approved and in Effect April 18 , ipoi.) 

Section i. Appointment of Inspector of Apiaries: The Dairy 

and Food Commissioner upon receipt of a certified copy of the record, 
of the Michigan State Bee-Keepers’ Association, by the secretary of 
said association, showing that a majority of the members/ of said asso¬ 
ciation recommended the appointment of an inspector of apiaries, shall 
appoint a State inspector of apiaries. Said inspector shall be responsible 
to the Dairy and Food Commissioner and shall comply with such rules 
and regulations as the Dairy and Food Commissioner shall from time 
to time prescribe for the carrying out of the work of said State inspector. 

Sec. 2. When inspection is to be made; duty of inspector when 
foul brdod is found: The Dairy and Food Commissioner shall, when 
notified in writing by the owner of an apiary or by three disinterested 
taxpayers in the vicinity of the apiary, cause the inspector to examine 
such apiaries as are reported and all • others in the same locality not 
reported, and ascertain whether or not the disease known as foul brood 
or other contagious disease exists in such apiaries, and if satisfied 
of the existence of foul brood, he shall give the owner or care-taker of 
the diseased apiaries full instructions how to treat said case as in the 
inspector’s judgment seems best. 

Sec. 3 . Apiaries found not cured to be burned: The inspector 

who shall be the sole judge may visit all diseased apiaries a second 

time and if need be burn all colonies of bees and combs that may be 
found n 6 t cured of foul brood or other contagious diseases. 

Sec. 4. Selling diseased bees, honey, etc.; unlawful; penalty: 
If the owner of a diseased apiary, honey or appliances shall knowingly or 
wilfully sell, barter, or give away any bees, honey or appliances, or 

expose other bees to the danger of said disease or refuse to allow said 

inspector to inspect such apiary, honey or appliances, said owners shall 
on conviction before a justice of the peace, be liable to a fine of not 
less than fifty dollars nor more than one hundred dollars, or not less 

36 


J 



BEES. 


37 


than one month’s imprisonment in the county jail, nor more than two 
months’ imprisonment. 

Sec. 5 . Report of inspector: In addition to such individual re¬ 
ports as are required under this act by the inspector of apiaries, he 
shall make an annual report to the Dairy and Food Commissioner, 
giving the number of apiaries visited, the number of diseased apiaries 
found, the number of colonies treated, also the number of colonies 
destroyed by fire, and an itemized account of his transportation expenses 
with affidavit annexed thereto. 

Sec. 6 . Annual appropriation; salary of inspector: There is 
hereby appropriated out of any moneys in the State treasury not other¬ 
wise appropriated a sum not exceeding five hundred dollars per year 
for the suppression of foul brood among bees in Michigan. The in¬ 
spector shall receive five dollars per day and actual transportation 
expenses for actual time served, which sum shall not exceed the money 
hereby appropriated, to be paid by the State Treasurer upon warrants 
drawn by the Auditor General and approved by the Dairy and Food 
Commissioner. 

Note — Sections 5663 to 5670 inclusive, Compiled Laws, repealed by Sec. 7 of 
said Act. 

II. Ownership of Bees in Flight. 

A swarm of bees going from the hive could be reclaimed if they 
could be followed and were known. Merrils vs. Goodwin, 1 Root 209; 
and whoever shall pursue the swarms which belong to others, and by 
striking on the brass shall draw them with the delightful sound to fix 
near him, let him make restitution for the damage. Puffendorf’s’ Law of 
Nature, 4 Chap. 6 , Sec. 5, quoting Plato’s Laws. 

“Bees are wild by nature; therefore, although they swarm upon 
your tree, they are not reputed, until they are hived by you, to be more 
your property than the birds which have nests there; so, if any person 
inclose them in a hive he becomes the proprietor. The honey-combs 
also, if any, become the property of him who takes them; but clearly, 
if you observe any person entering into your grounds, the object (bees) 
untouched (by the intruder intending to take the bees) you may justly 
hinder him. A swarm which hath flown from your hive is still reputed 
to continue yours as long as it is in sight; and may easily be pursued; 
but in any other case it will become the property of the occupant.” 
Cooper’s Justinian Inst. Lib. 2 Tit. 1, Sec. 14. 

III. Bee-trees } Bees and Honey. 

The mere finding of bees in a tree on the land of another person 
gives the finder no right to the bees or to the tree. State vs. Repp. 104, 
Iowa, 305. 

A trespasser who finds bees on the land of another and hives them, 


38 


MICHIGAN FARM LAWS. 


but is not the owner of the hive in which he puts or the land on which 
he leaves them, has no interest in them which is the subject of larceny. 
State vs. Repp, 104 Iowa, 305. 

Where a man discovered bees in a tree on the land of another and 
marked the tree with the initial of his name, such finder is not vested 
with any exclusive right of property in the bees, and could not maintain 
an action against another person for cutting down the tree and carry¬ 
ing away the bees. Gil-let vs. Mason, 7 Johns, 16. 

Bees are animals ferae naturae, but when hived and reclaimed a 
qualified property may be acquired in them. — Gillet vs. Mason, 7 Johns 16. 

Wild bees in a bee tree belong to the owner of the soil where the 
tree stands. — Ferguson vs. Miller, 1 Cow, 243. 

Though a person obtains leave from the owner to take them this 
does not confer ownership upon him until he has taken actual possession 
of the bees, and another person also with such leave, first obtaining 
possession, acquires the title. — Idol vs. Jones, 2 Dev. L. 162. 

If a person finds a tree containing a hive of bees on the land of 
another, and marks the trees, he does not thereby reclaim the bees, and 
he can not maintain an action against another person for carrying away 
the bees and honey. — Gillet vs. Mason. 

Bees when hived are the property of the one who has reclaimed 
them, although they temporarily escape. — Goff vs. Kilts, 15 Wend. 550; 
Walter vs. Mease, 3 Binn 546. 

IV. Bees as a Nuisance. 

Bees may become a nuisance, as where they interfere with the owner 
of adjoining premises in the use and enjoyment of the same. Olmstead 
vs. Rich, 25 N. Y. R. S. 271. 


V. Owner Liable for Damage Caused by Bees; Where. 

The owner of bees may be liable for negligence in locating them 
where persons or animals will be exposed to attack in passing or stand¬ 
ing near the hives was decided in the case of Parsons vs. Mansen, 119 
Iowa, 88. The court in rendering the decision used the following lan¬ 
guage : 

“A keeper of bees must exercise ordinary prudence in locating their 
hives so as to avoid unnecessary danger to those who are likely to make 
lawful use of the premises or the highway near by; so, such keeper 
may be found guilty of negligence in focating their hives within a few 
feet of a post which he has fixed for fastening horses, where he knows 
that they are prone to attack perspiring horses.” 


I 


■ 


CHAPTER 3. 

Bounties for Killing Noxious Animals and Sparrows. 


I. For killing wolves, panthers, wildcats and other noxious animals. 

II. For killing English sparrows. 

I. For Killing Wolves and Other Noxious Animals. 

Bounty for killing wolves: Every person who shall kill a full 
grown wolf, or wolf whelp in any organized county in this State, shall be 
entitled to a bounty of twenty-five dollars for each wolf over six months 
old, and ten dollars for each wolfs whelp under the age of six months, 
t6 be allowed and paid in the manner hereinafter provided. [5571 as 
amended in 1907.] 

Head, etc., to be taken to county clerk: Every person intend¬ 
ing to apply for such bounty shall take such wolf or wolfs whelp killed 
by him, or the head thereof, with the ears and skin entire thereon, to the 
county clerk of the county within which such wolf or wolfs whelp 
shall have been taken, who shall thereupon decide upon such application. 
[5572.] 

Applicant for bounty to be examined: The person claiming such 
bounty shall then be sworn by said clerk, and state on oath the time 
and place, when and where, every wolf and wolfs whelp, for which a 
bounty is claimed by him, was taken and killed; and he shall also submit 
to such further examination on oath concerning the taking and killing of 
such wolf or wolfs whelp as said clerk may require, and the statement 
by him shall be reduced to writing in the form of an affidavit, which 
shall be subscribed by the person making the same. [5573.] 

Clerk to mark pelt, etc.: If it shall appear to said clerk that the 
wolf or whelp was taken and killed within some organized town¬ 
ship in his county by the person applying for* such bounty, he shall 
make three punch marks through the butt of both ears of such wolf or 
whelp, large enough to be readily found by examination of such ears, 
and return such hide or pelt to the owner thereof, and deliver to 
the person so applying a certificate of the facts and shall file the original 
affidavit of said applicant in his office. [5574 as amended June 27, 1907.] 

Certificate to be presented to board of supervisors: Such certifi¬ 
cate and the original affidavit filed with said clerk, may be presented by 
the claimant or his agent, to the board of supervisors of the county in 

39 


40 


MICHIGAN FARM LAWS. 


I 

which said wolf or whelp shall have been taken or killed, at any meeting 
thereof, and if said board shall doubt the correctness or sufficiency of said 
affidavit, they shall notify the person claiming such bounty to make 
further proof of his claim before said board at a subsequent meeting 
thereof to be named in such notice. [5575.] 

Supervisors to award bounty: The board of supervisors shall 
have no doubt as to the correctness of such claim, or if their doubts 
shall be removed by further proof, they shall award to the person to 
whom such certificate shall have been granted the bounty above specified, 
and shall cause the certificate and all affidavits and proofs to remain on 
file with their clerk. [5576.] 

Duplicate certificates to treasurer: Duplicate certificates, stating 
all the bounties that shall have been allowed by the board at any meeting, 
shall be made under their direction, and after being signed by their 
chairman and clerk, shall be delivered to the county treasurer, who shall 
thereupon pay to the -several persons named in such certificate, out of 
any money in the treasury for defraying the contingent expenses of the 
county, the bounties to them respectively allowed. [5577.] 

One-half of bounties to be charged to state treasurer, etc.: The 
county treasurer shall charge to the treasurer of the state the one-half 
of all the bounties allowed by the board of supervisors, pnd shall 
transmit an account thereof to the auditor general, accompanied by one 
of the duplicate certificates received from the board of supervisors; and 
shall also procure and transmit with such account, a certified copy of 
the original certificates and affidavits filed with the clerk of the board 
of supervisors, for which the bounties mentioned in such account shall 
have been allowed. [5578.] 

Auditor general to examine accounts, etc.; The auditor general 
shall examine every affidavit so transmitted to him, and if he shall discover 
any defect or irregularity, which shall induce him to believe the same 
ought not to be allowed, he may suspend, in whole or in part, as he may 
think proper, the payment of such account, until satisfactory proof be 
made to him, by affidavit or otherwise, of the justice of such account; 
and if the further proofs produced to him shall not be satisfactory he 
shall reject such portion of the account as shall have been suspended, 
and his decision thereon shall be final and conclusive. [5579.] 

Sums audited to be paid out of state treasury. Every sum 
audited and allowed by the auditor general, upon any such account, not 
exceeding the one-half of the bounties allowed by the board of super¬ 
visors, shall be paid out of the treasury of the state, to the treasurer 
of the county from which such account was transmitted. [5580.] 

Additional bounties: The boards of supervisors of the several 
counties of this state shall have power, at the expense of their respective 
counties, to ward a.nd allow such other and further bounties for the 
destruction of wolves, wolf whelps, and such bounties for the destruction 
of panthers and other noxious animals within their respective counties, 


BOUNTIES FOR KILLING NOXIOUS ANIMALS. 


41 


as they may think proper; and the same proof shall be required in such 
case as is hereinbefore prescribed, and such additional and other boun¬ 
ties, when duly allowed and certified, shall be paid out of the county 
treasury. [5581.] 

False certificate; penalty: If any county clerk who shall be 
applied to for a certificate under the provisions of this chapter shall 
willfully give a false certificate in the premises, he shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be punished 
by a fine not exceeding five hundred dollars, or imprisonment in the 
county jail not exceeding one year. [5582.] 

Bounties; by township board for killing wolves, panthers, etc.: 
The township boards of the several townships of this state, shall have 
power, at the expense of their respective townships, to award and 
allow such other bounties for the destruction of wolves, wolf whelps, 
and such bounties for the destruction of panthers and other noxious 
animals, within their respective townships, as the qualified electors of 
each shall have voted at the annual township meeting next preceding; 
and such additional and other bounties, when duly allowed and certified 
in such manner as the township board may prescribe, shall be paid out 
of the township treasury: Provided, That neither of the bounties provided 
for in this section shall exceed in amount the sum of two dollars. [5583.] 

Bounty for killing wild-cat and lynx; rstriction as to payment 
of bounties: Every person, who shall kill a wildcat in any organized 
county of this state, shall be entitled to a bounty of three dollars for 
each wildcat killed; and every person who shall kill a lynx in any organ¬ 
ized county in this state, shall be entitled to a bounty of five dollars for 
each lynx killed. The bounty offered in this section shall be subject 
to the same restrictions and limitations as are laid down in chapter sixty- 
seven of the compiled laws of eighteen hundred and seventy-one, as 
amended, and all of the provisions of said chapter, relative to the proving 
of claims, the paying of the same, and the penalties for false certificates 
for bounties on wolves, shall apply equally well to the bounties offered in 
this section. [5584.] 

II. For Killing English Sparrows. 

Two cent bounty during December, January and February: 

Every person being an inhabitant of this State, who shall kill an English 
sparrow in any organized township, village or city in this State, during the 
months of December, January and February of each year, shall be entitled 
to receive a bounty of two cents for each sparrow thus killed, to be 
allowed and paid in the manner hereinafter provided. [5586.] 

Application for bounty: Every person applying for such bounty 
shall take such sparrow, in lots' of not less than ten, to the clerk of the 
township, village or city within which such sparrow shall have been 
killed, in a state of good preservation, and if satisfied with the correct- 



42 


MICHIGAN FARM LAWS. 


ness of such claim, shall issue a certificate stating the amount of bounty 
to which such applicant is entitled and deliver the same to said applicant, 
and shall destroy such sparrows by burning. [5587.] 

Payment of certificate: Such certificate may be presented by 
the claimant or his agent to the county clerk of the county in which such 
sparrows have been killed, who shall thereupon draw a warrant for the 
amount on the treasurer of said county, and said treasurer shall, upon 
presentation of said warrant, p#y the same from the general or contingent 
fund of said county. [5588.] 

Penalty for violation of law, etc.: Any person who collects or 
attempts to collect any bounty under the provisions of this act, on any 
bird other than English sparrows, or who collects or attempts to collect 
such bounty upon any sparrows not killed in the county in which such 
collection or attempt to so collect is made, shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall be punished by a fine of 
not less than one dollar nor more than ten dollars, or by imprisonment 
in the county jail not more than ten days, or by both such fine and 
imprisonment in the discretion of the court. [5589.] 


CHAPTER 


4 - 

Combinations and Trusts. 

(Anti-Trust law). 

I. Michigan Laws. 

II. Wilson Tariff Act. 

III. Dingley Tariff Act. 

/ 

Certain combinations or trusts, etc., declared criminal conspir¬ 
acies; parties thereto; penalty; trial: All contracts, agreements, un¬ 
derstandings and combinations made, entered into, or knowingly assented 
to, by and between any parties capable of making a contract or agree¬ 
ment which would be valid at law or in equity, the purpose or object or 
intent of which shall be to limit, control, or in any manner to restrict 
or regulate the amount of production or the quantity of any article or 
commodity to be raised, or produced by mining, manufacture, agriculture 
or any other branch of business or labor, or to enhance, control or 
regulate the market price thereof, or in any manner to prevent or 
restrict, free competition in the production or sale of any such article or 
commodity, shall be utterly illegal and void, and every such contract, 
agreement, understanding and combination shall constitute a criminal 
conspiracy. And every person who, for himself personally, or as a 
member, or in the name of a partnership, or as a member, agent or 
officer of a corporation, or of any association for business purposes of 
any kind, who' -1. all enter into or knowingly consent to any such void 
and illegal contract,- agreement, understanding or combination, shall be 
deemed a party to such conspiracy. And all parties so offending shall, 
on conviction thereof, be punished by a fine of not less than fifty dollars, 
nor more than three hundred dollars, or by imprisonment in the county 
jail not more than six months,' or by both such fine and imprisonment 
at the discretion of the court. And the prosecution for offenses under 
this section may be instituted and the trial had in any county where 
any of the conspirators became parties to such conspiracy, or in which 
any one of the conspirators shall reside: Provided, however, That this 
section shall in no manner invalidate or affect contracts for what is 
known and recognized at common law and in equity as contracts for 
the “good will of a trade or business;” but all such contracts shall be 
left to stand upon the same terms and within the same limitations 
recognized in common law and in equity. [11377.] 

Certain contracts, etc., void whether made in the state or not: 
Every contract, agreement, understanding, and combination declared void 

43 


44 


MICHIGAN FARM LAWS. 


and illegal by the first section of this act shall be equally void and illegal 
within this state, whether made and entered into within or without this 
state. [11378.] 

Carrying into effect such unlawful contracts a misdemeanor; pen¬ 
alty: . The carrying into effect, in whole or in part, of any such illegal 
contract, agreement, understanding or combination as mentioned in the 
first. section of this act and every act which shall be done for that 
purpose by any of the parties or through their agency or the agency of 
any one of them, shall constitute a misdemeanor, and on conviction the 
offenders shall be punished by imprisonment in the state prison not 
more than one year, or in the county jail not more than six months, or 
by fine not less than one hundred nor more than five hundred dollars, 
or by both such fine and imprisonment in* the discretion of the court. 
[11319.] 

Corporation violating this law to forfeit charter; Any corpo¬ 
ration now or hereafter organized under the laws of this state, which 
shall enter into any contract, agreement, understanding or combination 
declared illegal and criminal by the first section of this act, or shall 
do any act towards or for the purpose of carrying the same into effect 
in whole or in part, and who shall not within thirty days from the time 
when this act shall take effect, withdraw its assent thereto and repudiate 
the same and file in the office of the secretary of state such refusal and 
repudiation under its corporate seal, shall forfeit its charter and all 
its rights and franchises thereunder. [11380.] 

Duty of attorney general: It shall be the duty of the attorney 
general upon his own relation, or upon the relation of any private 
person, whenever he shall have good reasons to believe that the same can 
be established by proof, to file an information in the nature of a quo 
warranto against any corporation offending against any of the provisions 
of this act; and thereupon the same proceedings shall be had as pro¬ 
vided by chapter two hundred ninety-eight of Howell’s annotated stat¬ 
utes, relating to proceedings by information in the nature of quo war¬ 
ranto, against corporations offending against any of the provisions of 
the act or acts creating, altering or renewing such corporations, and in 
other cases. [11381.] 

Who exempt from provisions of act: The provisions of this 
act shall not apply to agricultural products or live stock while in the 
hands of the producer or raiser, nor to the services of laborers or 
artisans who are formed into societies or organizations for the benefit 
and protection of their members. [11382.] 

Duty of secretary of state to publish act, etc.: In shall be the 
duty of the secretary of state to cause this act to be published for 
four successive weeks in some daily paper in each of the cities of Lan¬ 
sing, Detroit, Grand Rapids and Marquette, commencing within ten 
days after this act shall take effect, and he shall also within the same 
time cause to be mailed to each of the corporations whose articles of 


COMBINATIONS AND TRUSTS. 


45 


association are on file in his office, a printed copy of this act, with a 
notice calling special attention thereto. [11383.] 

II. Wilson Tariff Act, (1894). 

Sections 73, 74, 75, 76 and 77, of the Wilson Tariff Act provide that 
combinations, conspiracies, trusts, agreements or contracts between two 
or more persons or corporations either of whom is engaged in importing 
any article from any foreign country into the United States, when such 
combination, etc., is intended to operate in restraint of lawful trade, 
or free competition in lawful trade or commerce, or to increase the 
market price in any part of the United States of any article or articles 
imported or intended to be imported into the United States, or of any 
manufacutre into which such imported article enters or is intended to 
enter, shall be contrary to public policy, illegal and void. Said act 
provides penalties or five thousand dollars ($5000.00) and three months’ 
imprisonment for violations, and provides forfeiture of property of com¬ 
bination or trust when found in transit, and provides treble damages, 
and reasonable attorney’s fee to one injured in his business or property, 
by such combination or trust. [Became a law without the approval of 
the President August 27, 1894.] 

III. Dingley Tariff Act, (1897). 

The Dingley Tariff Act, passed July 24, 1897, provided that nothing 
therein should be construed to repeal, or in any manner affect Sections 
73, 74, 75, 76 and 77, of the Wilson Tariff Act. 


CHAPTER 5. 

Dairy and Food Laws. 

I. Dairy and food commissioner. 

II. Dairy and dairy feed stuffs. 

III. General food laws. 

IV. Buckwheat flour; laws relating to. 

V. Vinegar, laws relating manufacture and sale of. 

VI. Milk. 

VII. Oleomargarine. 

VIII. Butter. 

IX. Confectioneries. 

X. Pepper. 

XI. Corn Syrup. 

XII. Maple sugar, molasses and syrup. 

XIII. Preservatives. 


I. Dairy and Food Commissioner. 

Dairy and Food Commissionre; duties of; penalties for dis¬ 
obedience of orders of: It shall be the duty of the Dairy and Food 
Commissioner to carefully inquire into the dairy and food and drink 
products and the several articles which are foods or drinks, or the neces¬ 
sary constituents of foods or drinks, which are manufactured or sold 
or exposed or offered for sale in this State, and he may, in a lawful 
manner, procure samples of the same and direct the State analyst to 
make due and careful examination of the same, and report to the com¬ 
missioner the result of the analysis of all and any of Such food and drink 
products or dairy products as are adulterated, impure or unwholesome 
in contravention of the laws of this State; and it shall be the duty of 
the commissioner to make a complaint against the manufacturer or ven¬ 
dor thereof in the proper county and furnish all evidence thereof, to 
obtain a conviction of the offense charged. The Dairy and Food Com¬ 
missioner, or his deputy, or any person appointed by him for that 
purpose may make complaint and cause proceedings to be commenced 
against any person for the enforcement of any of the laws relative to 
adulterated, impure or unwholesome food or drink, and in such case 
he shall not be obliged to furnish security for costs and shall have power, 
in the performance of his duties, to enter into any creamery, factory, 
store, salesroom, drug store, or laboratory, or place where he has reason 
to believe food or drink is made, stored, sold or offered for sale and 
open any cask, tub, jar, bottle or package containing, or supposed to con¬ 
tain, any article of food or drink and examine or cause to be examined 

46 


DAIRY AND FOOD LAWS. 


47 


the contents thereof, and take therefrom samples for analysis. The 
person making such inspection shall take such sample of such article or 
product in the presence of at least one witness, and he shall, in the pres¬ 
ence of said witness, mark or seal such sample and shall tender at the 
time of making to the manufacturer or vendor of such product, or to 
the person having the custody of the same, the value thereof, and a 
statement in writing for the taking of such sample. Whenever it is 
determined by the Dairy and Food Commissioner, his deputy or inspec¬ 
tors, that filthy or unsanitary conditions exist or are permitted to exist 
in the operation of any bakery, confectionery, or ice cream plant, or in 
any place where any food or drink products are manufactured, stored, 
deposited or sold for any purpose whatever, the proprietor or proprietors, 
owner or owners, of such bakery, confectionery or ice cream plant, or 
any person or persons owning or operating any plant where any food 
or drink products are manufactured, stored, deposited or sold, shall be 
first notified and warned by the commissioner, his deputy or inspectors to 
place such bakery, confectionery or ice cream plant, or any place where 
any food or drink products are manufactured, stored, deposited or sold 
in a sanitary condition within a reasonable length of time; and any 
person i or persons owning and operating any bakery, confectionery or 
ice cream plant or any place where any food or drink products are manu¬ 
factured, stored, deposited or sold, failing to obey such notice and 
warning, shall be guilty of a misdemeanor, and, upon conviction thereof, 
shall be punished by a fine of not less than twenty-five dollars nor more 
than three hundred dollars and costs of prosecution, or imprisonment 
in the county jail not to exceed ninety days, or until such fine and costs 
are paid, or both fine and imprisonment at the discretion of the court. 
[4978.] 

Penalty for hindering or obstructing Dairy and Food Commiss¬ 
ioner in exercise of powers, etc.: A fine of not less than ten nor more 
than one hundred dollars, or imprisonment in county jail not less than 
ten nor more than ninety days, may be imposed or enforced for obstruct¬ 
ing Dairy and Food Commissioner in the performance of his duties, etc. 
[4982.] 

II. Dairies and Commercial Feed Stuffs. 

Dairy industry to be encouraged by Dairy and Food Commission¬ 
er: It shall be the duty of the Dairy and Food Commissioner to fos¬ 
ter and encourage the dairy industry of the State, and, for that purpose, 
he shall investigate the general conditions of the creameries, cheese fac¬ 
tories, condensed milk factories, skimming stations, milk stations and 
farm dairies in this State, with full power to enter upon any premises 
for such investigation, with the object in view of improving the quality 
and creating and •maintaining uniformity of the dairy products of the 
State; and should it become necessary, in the judgment of the Dairy 
and Food Commission, he may cause instruction to be given in any cream- 


48 


MICHIGAN FARM LAWS. 


ery, cheese factory, condensed milk factory, skimming station, milk sta¬ 
tion, or farm dairy, or in any locality in this State, and in order to secure 
the proper feeding and care of cows, or the practical operation of any 
plant producing dairy products, and in order to secure such a uniform 
and standard quality of dairy products in this State, he shall furnish a 
sufficient number of competent inspectors, the appointment of whom 
is provided for in section four of this act, and they shall be dul> quali¬ 
fied to act as such inspectors. [Sec. 13 of Act No. 49, passed 1905.] 
Impure or unwholesome milk resulting from unsanitary condi¬ 
tions: Whenever it is determined by the Dairy and Food Com¬ 
missioner, his deputy or inspectors, that any person is using, selling or 
furnishing to any skimming station, creamery, cheese factory, condensed 
milk factory, milk depot, farm dairy, milk dealer, the retail trade or to 
any consumer of milk any impure or unwholesome milk or cream, which 
impurity or unwholesomeness is caused by the unsanitary or filthy con¬ 
dition of the premises where cows are kept, or by the unsanitary or filthy 
care or handling of the cows, or from the use of unclean utensils or 
from unwholesome food, or from any other cause, the person so using, 
selling or furnishing to any skimming station, creamery, cheese factory, 
condensed milk factory, milk depot, farm dairy, milk dealer, the retail 
trade, or to any consumer of milk, .any such milk or cream, shall first 
be notified and warned by the commissioner, his deputy or inspectors 
not to use, sell, or furnish such milk or cream to such skimming sta¬ 
tion, creamery, cheese factory, condensed milk factory, milk depot, farm 
dairy, milk dealer, the retail trade, or to any consumer of milk, and any 
person failing to obey such notice and warning, and continuing to use, 
sell or furnish to any skimming station, creamery, cheese factory, con¬ 
densed milk factory, farm dairy, milk dealer or to the retail trade such 
impure or unwholesome milk or cream, shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be punished by a fine not less than 
ten dollars, nor more than fifty dollars, and costs of prosecution, or 
imprisonment in the county jail, not to exceed ninety days, or until such 
fine and costs are paid, or both fine and imprisonment at the discretion 
of the court. [Sec. 14 of Act No. 49, passed 1905.] 

Duty of Commissioner as to unsanitary conditions: Whenever it 
is determined by the Dairy and Food Commissioner, his deputy or 
inspectors, that unsanitary conditions exist or are permitted to exist in 
the operation of any skimming station, creamery, cheese factory, con¬ 
densed milk factory, milk depot, or farm dairy, the proprietor or pro¬ 
prietors, or manager of said skimming station, creamery, cheese factory, 
condensed milk factory or farm dairy, shall be firs.t notified and warned 
by the commissioner, his deputy or inspectors to place such skimming 
station, creamery, cheese factory, condensed milk factory, milk depot or 
farm dairy in a sanitary condition, within a reasonable length of time; 
and any person or persons owning or operating such skimming station, 
creamery, cheese factory, condensed milk factory, milk depot, or farm 


DAIRY AND FOOD LAWS. 


49 


dairy, failing to obey such notice and warning, shall be guilty of a mis¬ 
demeanor, and upon conviction thereof, shall be punished by a fine of 
not less than twenty-five dollars, nor more than three hundred dollars, and 
costs of prosecution, or imprisonment in the county 'jail not to exceed 
ninety days or until such fine and costs are paid, or both fine and im¬ 
prisonment at the discretion of the court. [Sec. 15 of Act No. 49- passed 
1905.] 

Duty of owner to register location, make reports, etc.: It shall 
be the duty of the proprietor or proprietors of every skimming station, 
creamery, cheese factory, condensed milk factory or milk depot, in the 
State where milk or cream is received by purchase or otherwise from 
three or more persons, to register with the Dairy and Food Commis¬ 
sioner on or before April first of each year, upon blanks furnished by 
said official, the location of such skimming station, creamery, cheese 
factory, condensed milk factory or milk depot, and the name of its owner 
or owners and manager. And it shall be the duty of the proprietor or 
proprietors of every skimming station, creamery, cheese factory, con¬ 
densed milk factory or milk depot in this State, where milk or cream 
is received by purchase or otherwise from three or more persons, to file 
a report with the Dairy and Food Commissioner, said report to be made 
on or before April first of each year, upon blanks furnished by said 
official, and to show the amount of milk or cream received by said skim¬ 
ming station; creamery, cheese factory, condensed milk factory or milk 
depot during the year ending December thirty-first preceding; and 
said report shall show the amount of butter, cheese or condensed milk 
manufactured during the year, together with a list of the names and 
postoffice addresses of the patrons of said skimming station, creamery, 
cheese factory, condensed milk factory, or milk depot. Every skimming 
station, creamery, cheese factory, condensed milk factory, or milk depot, so 
registering and so reporting, shall pay to the office of the State Dairy and 
Food Commissioner an annual registration fee of five dollars, to be paid 
at the time of such registration. The money so collected by the Dairy and 
Food Commissioner shall be paid into the State treasury and to be 
used to help defray the expenses of the office of the Dairy and Food 
Commissioner in addition to the annual appropriation therefor. [Sec. 16 
of Act No. 49, passed 1905.] 

Persons selling milk from wagon, depot, store, etc., to obtain li¬ 
cense: Any person, persons or corporation who shall sell milk or cream 
from a wagon or other conveyance, depot or store, or who shall sell or 
deliver milk or cream to a hotel, restaurant, boarding house or any 
public place, shall be considered a milk dealer; and every milk dealer 
who shall sell milk or cream from a wagon or other conveyance, depot or 
store, or who shall sell, or deliver milk or cream to a hotel, restaurant, 
boarding house, or any public place in any city, town or village of this 
State, must first obtain a license from the Dairy and Food Commissioner 
4 m F L 



. ■ 






50 


MICHIGAN FARM LAWS, 


to sell such milk or cream. A license shall be required for each wagon 
or other conveyance, depot or store. Each dealer shall pay to the Dairy 
and Food Commissioner a license fee of one dollar for each license so 
granted,, which license must be obtained on or before the first day of 
July of each year. The moneys received by the Dairy and Food Commis¬ 
sioner, in payment of such licenses, shall be paid into the State 
treasury and be used to help defray the expenses of the office of the 
Dairy and Food Commissioner in addition to the annual appropriation. 
All licenses shall be used only in the name of the owner of the wagon, 
*lepot or store, and shall, for the purpose of this act, be prima facie 
evidence of ownership. No license shall be sold, assigned, or transferred. 
Each license shall record the name, residence, place of business, number 
of wagons, depots or stores used (where more than one is employed) 
and the number of the license. Whoever violates any of the provisions 
of this section, in so far as relates to registration and the securing of 
licenses, shall be deemed guilt}'- of a misdemeanor, and for each and 
every offense shall be punished by a fine of not less than five dollars, 
nor more than twenty-five dollars and the costs of prosecution, or by 
imprisonment in the county jail for not more than thirty days, or both. 
fSec. 17 of Act No. 49, passed 1905.] 

Regulations regarding commercial feeding stuff: Any manufac¬ 
turer, company, person or persons who shall sell, offer or expose for 
sale or for distribution, in this State, any concentrated commercial 
feeding stuff used for feeding live stock, shfU furnish with each car, 
or other amounts shipped in' bulk, and shall affix to every package of 
such feeding stuff, in a conspicuous place, on the Outside thereof, a 
plainly printed statement, clearly and truly certifying the number of net 
pounds in the car or package sold or offered for sale, the name or 
trademark under which the article is sold, the name of the manufac¬ 
turer or shipper, the place of manufacture, the place of business, and 
a chemical analysis, stating the percentage is contains of crude protein, 
crude fibre, nitrogen, free extract and other extract, all constituents to 
fee determined by the methods adopted by the association of official agri¬ 
cultural chemists. Whenever any feeding stuff is sold at retail, in bulk 
or in packages belonging to the purchaser, the agent or dealer shall fur¬ 
nish to him a certified copy of the chemical analysis named in this sec¬ 
tion. 

(a) The term concentrated commercial feeding stuffs as used in 
this act shall include linseed meal, cotton seed meal, pea meals, cocoanut 
meals, gluten meals, oil meals of all kinds, gluten feeds, maize feeds, 
starch feeds, mixed sugar feeds, hominy feeds, rice meals, oat feeds, corn 
.and oat-feeds, meat meals, dried blood, clover meals, mixed feeds of 
all kinds, slaughter house waste products; also all condimental stock 
foods, patented and proprietary stock foods, claimed to possess nutritive 
properties and all other materials intended for feeding to domestic ani¬ 
mals : Provided, That such feeding stuffs, as defined above, shall not 


DAIRY AND FOOD LAWS. 


51 


include hays, straws, fodders, ensilage, the whole seeds nor the unmixed 
meals made directly from the entire grains of wheat rye, barley, oats, 
flax-seed, maize, buckwheat, wet brewers’ grains, malt sprouts, wet or 
dried beet pulp when unmixed with other materials. Neither shall it 
include wheat, rye and buckwheat brans or middlings not mixed with 
other substances, but sold separately as distinct articles of commerce, 
nor pure grains ground together. 

(b) Before any manufacturer, company, person or persons shall 
sell, offer or expose for sale in this State any concentrated commercial 
feeding stuff, he or they shall for each and every feeding stuff bearing a 
distinguishing name or trade-mark, file annually, with the Dairy and 
Food Commissioner a certified copy of the chemical analysis and certifi¬ 
cate referred to in this section, and shall deposit with said Dairy and 
Food Commissioner a sealed glass jar, or bottle, containing at least 
one pound of the feeding stuff to be sold or offered for sale, together 
with an affidavit that it is a fair sample of the article thus to be sold 
or offered for sale. He or they shall also pay annually into the State 
treasury a license fee of twenty dollars for each and every brand of 
feeding stuff he offers or exposes for sale in this State. Said fee is 
to be paid on or before April first of each year: Provided, That whenever 
the manufacturer or importer shall have paid this license fee, his agents 
shall not be required to do so. Whenever any manufacturer, importer, 
agent or seller of any commercial feeding stuff desires at any time to 
sell such material and has not paid the license fee therefor, he shall 
pay the license fee prescribed in this section, before making any such 
sale. The money collected under the provisions of this act shall be paid 
into the State treasury and be used to help defray the expenses of the 
office of the Dairy and Food Commissioner, in addition to the regular 
appropriation therefor. 

(c) Whenever the manufacturer, importer, agent or seller of any 
commercial feeding stuff shall have complied with the requirements of 
this section, the Dairy and Food Commissioner shall issue or cause to be 
issued, a license, permitting the sale of said feeding stuff, which license 
shall terminate on April first following the date of issue. 

(d) All such analyses of commercial feeding stuffs required by this 
act shall be made under the direction of the Dairy and Food Commis¬ 
sioner, and shall be paid for out of the funds arising from the license 
fees provided for in this section. 

(e) The Dairy and Food Commissioner shall publish, or cause to 
be published in bulletin form, at least annually a correct statement of all 
analyses made, together with any incidental information concerning same 
which he may deem proper. 

(f) Any manufacturer, importer, company, agent, person or persons, 
who shall sell, offer or expose for sale, without first complying with 
the provisions of this act, any commercial feeding stuff, or shall attach 
or cause to be attached to any car, package or other quantity of said 


52 


MICHIGAN FARM LAWS. 


feeding stuff, an anlysis stating that it contains a larger percentage of 
any one or more of the constituents named in this section than it really 
does contain shall, upon conviction thereof, be fined not less than one 
hundred dollars for the first offense, and not less than three hundred 
dollars for every subsequent offense, and the offender shall also be liable 
for damages sustained by the purchaser of such feeding stuff on account 
of such misrepresentation. 

(g) The Dairy and Food Commossioner, by any duly authorized 
agent, is hereby authorized to select from any package of commercial 
or other feeding stuff exposed or offered for sale in this State, a quan¬ 
tity not exceeding two pounds for a sample, such sample to be used 
for the purposes of an official analysis and for comparison with the 
certificate filed with the Dairy and Food Commissioner, and with the 
certificate affixed to the package on sale. [Sec. 18 of Act No. 49, passed 
1905.] 

Penalty for obstructing Dairy and Food Commissioner: Any 

person who shall obstruct the Dairy and Food Commissioner, pr his 
deputy, or any of his duly appointed inspectors, by refusing to allow 
him entrance to any place where he is authorized to enter in the dis¬ 
charge of his official duty, or refuses to deliver to him a sufficient sample 
for the analysis of any article of food or drink sold, offered or ex¬ 
posed for' sale, or in his possession for the purpose of sale, wherever 
the same may be found, when the same is requested and when the value 
thereof is tendered,” shall be guilty of a misdemeanor, and upon con¬ 
viction thereof shall be punished by a fine of not less than twenty-five 
dollars or more than one hundred dollars and the costs of prosecution, 
or by imprisonment in the county jail not less than ten days or more 
than ninety days, or by both such fine and imprisonment in the discretion 
of the court for each and every offense. [Sec. 1 of Act No. 107, passed 
1899.] 

in. General Food Law. 

[Being Act No. 193, passed, 1895.] 

Section 1 . (as amended, 1897). Adulteration unlawful: The Peo¬ 
ple of the State of Michigan enact, That no. person shall within this 
State manufacture for sale, have in his possession with intent to sell, 
offer or expose for sale, or sell, any article of food which is adulterated 
within the meaning of this act. 

Sec. 2. Meaning of “Food:” The term food, as used herein, shall 
include all articles used for food or drink, or intended to be eaten or 
drank by man, whether simple, mixed or compound. ' 

Sec. 3. (as amended, 1907). Meaning of “Adulterated:” An ar¬ 
ticle shall be deemed to be adulterated within the meaning of this act: 
First, If any substance or substances have been mixed with it, so as to 
lower or depreciate or injuriously affect its quality, strength or purity; 


DAIRY AND FOOD LAWS. 


53 


Second, If any inferior or cheaper substance or substances have been 
substituted wholly or in part for it; Third, If any valuable or necessary 
constituent or ingredient has been wholly or in part abstracted from it; 
Fourth, If it is an imitation of, or is sold under the name of another 
article; Fifth, If it consists wholly or in part of a diseased, decom¬ 
posed, putrid, infected, tainted or rotten animal or vegetable substance 
or article, whether manufactured or not, or, in the case of milk, if it is 
the product of a diseased animal; Sixth, If it is colored, coated, polished 
or powdered whereby damage or inferiority is concealed, or if by any 
means it is made to appear better or of greater value than it really is; 
Seventh, If it contains any added substances or ingredient which is 
poisonous or injurious to health: Provided, That npthing in this act 
shall prevent the coloring of pure butter: And povided further, That 
the provisions of this act shall not apply to mixtures or compounds 
recognized as ordinary articles or ingredients of articles of food, if each 
and every package sold or offered for sale bear the name and address of 
the manufacturer and be distinctly labeled under its own distinctive name, 
and in a manner so as to plainly and correctly show that it is a mixture 
or compound, and is not in violation with definition fourth and seventh 
of this section. 

Sec. 4. Butter and dairy products to be pure: No person, by 
himself or his agents or servants, shall manufacture for sale or offer for 
sale, or sell, as butter, and the legitimate product of the dairy or cream¬ 
ery, any article not made exclusively of milk or cream, but into which 
the oil or fat of animals, or any other oils not produced from milk, 
enter as a component part, has been introduced to take the place 
of cream. Whoever violates the provisions of this section shall be , 
deemed guilty of a misdemeanor, and upon conviction thereof shall be 
punished by a fine of not less than fifty nor more than five hundred 
dollars, and the costs of prosecution, or by imprisonment in the county 
jail, or the State House of Correction and Reformatory at Ionia for not 
less than ninety days nor more. than two years, or by both such fine 
and imprisonment in the discretion of the court for each and every 
offense. 

Sec. 5. Imitation cheese unlawful: No person shall manufacture 
deal in, sell, offer or expose for sale or exchange, any article or sub¬ 
stance in the semblance of, or in imitation of cheese made exclusively 
of unadulterated milk or cream, or both, into which any animal, in¬ 
testinal or offal fats or oils or melted butter in any condition or state 
or modification of the same, or oleaginous substances of any kind not 
produced from unadulterated milk or cream shall have been introduced. 
Whoever shall violate the provisions of this section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be punished 
by a fine of not less than fifty nor more than five hundred dollars and 
the costs of prosecution, or by imprisonment in the county jail or the 
State House of Correction and Reformatory at Ionia for not less 


54 


MICHIGAN FARM LAWS. 


than ninety days nor more than two years, or by both such fine and im¬ 
prisonment in the discretion of the court for each and every offense. 

Sec. 6. (as amended, 1897). Full milk cheese: Every manufac¬ 
turer of full milk cheese may put a brand upon each cheese, indicating 
“Full milk cheese,”’ and no person shall use such a brand upon any 
cheese made from milk from which any of the cream has been taken. 
It shall be the duty of the proprietor of every cheese factory, creamery 
or butter factory in the State where milk or cream is purchased of or 
contributed by three or more persons, to register the location of such 
cheese factory, creamery or butter factory and the name of its owner 
or manager with the Dairy and Food Commissioner on or before the first 
day of October, A. D. eighteen hundred and ninety-seven, and on or 
before the first day of April in each year thereafter. Whoever violates 
any of the provisions of this section, in so far as it relates to registration, 
shall be deemed guilty of a misdemeanor, and for each and every offense 
shall be punished by a fine of not less than five dollars nor more than 
twenty-five dollars and the costs of prosecution, or by imprisonment in 
the county jail for not more than thirty days or both. 

Sec. 7. Michigan full cream cheese: The Dairy and Food Com¬ 
missioner shall procure and issue to the cheese manufacturers of the 
State, on proper application, which application shall be made on or 
before the first day of October, A. D. eighteen hundred ninety-five and 
on or before the first day of April in each year thereafter, and under 
such regulation as to the custody and use thereof as he may prescribe, 
a uniform stencil brand, bearing a suitable device or motto and the words 
“Michigan full cream cheese.” Every such brand shall be used on the 
outside of the cheese, and upon the package containing the same, and 
shall bear a separate number for each separate factory. The said com¬ 
missioner shall keep a book in which shall be registered the name, loca¬ 
tion and number of each manufactory using the brand, and the name 
or names of persons at each factory authorized to use the same. No 
such brand shall be used on other than full cream cheese or packages 
containing the same. The commissioner shall receive a fee of one dollar 
for each registration, said fee to be paid by the party applying for the 
same, which amount shall be accounted for and used as a part of the 
fund appropriated for the enforcement of the laws of this State with 
which the Dairy and Food Commissioner is charged. 

Sec. 8. False brands unlawful: No person shall knowingly offer, 
sell or expose for sale, in any package cheese' which* is falsely branded 
or labeled. 

Sec. 9. Lard to be pure: No person shall within this State 
manufacture for sale, have in his possession with intent to sell, offer 
or expose for sale, or sell as lard, any substance not legitimate and ex¬ 
clusive product of the fat of the hog. 

Sec. 10. Lard substitute or compound, etc.: Every person who 
manufactures for sale, has in his possession with intent to sell, offers or 


i 


DAIRY AND FOOD LAWS. 


5 & 

exposes for sale, or sells, any substance made in the. semblance of lard,, 
or a ; an imitation of lard, and which consists, of any mixture or com¬ 
pound of animal or vegetable oils, or fats, other than hog fat, ire 
the form of lard, shall cause the tierce, barrel, tub, pail or package con¬ 
taining the same to be distinctly and legibly branded or labeled “Lard 
substitute or compound,’” and every person who manufactures for sale, 
has in his possession with intent to sell,, offers or exposes for sale or 
sells, any substance made in the emblance of lard or as an imitation of 
lard, or as a substitute for lard, and which is designed to take the place 
of lard, and which consists of any mixture or compound of lard with 
animal or vegetable oils or fats, shall cause the tierce, barrel, tub, pail 
or package containing the same to be distinctly and legibly branded or 
labeled either “Adulterated lard,” “Lard compound,” or “Lard substi¬ 
tute.” Such brands or labels shall be in letters not less than one inch ire 
length and shall be followed with the name of the maker and factory* 
and the location of such factory. 

Sec. 11. Lard substitute, adulterated lard or lard compound! 

Every dealer or trader who, by himself or agent, or as the servant 
or agent of another person, offers or exposes for sale, or sells any form 
of lard substitute or adulterated lard, as hereinbefore defined, shall 
securely affix or cause to be affixed to the package wherein the same is 
contained, offered for sale or sold, a label, upon the outside and face of 
which is distinctly and legibly printed in letters not less than one-half 
inch in length, the words “Lard substitute” or “Adulterated lard” or 
“Lafd compound” or other appropriate word which shall correctly ex¬ 
press its nature and use. 

Sec. 12. False brand on lard unlawful: The having in possession 
of any lard substitute or adulterated lard or lard compound, as herein¬ 
before defined, which is not branded or labeled as hereinbefore required 
and directed, upon the part of any dealer or trader, or any person engaged 
in the public sale of such articles, shall for the purpose of the act be 
deemed prima facie evidence of intent to sell the same. 

Sec. 13. Jelly to be pure: No person, firm or corporation in this- 
State shall manufacture for sale, or sell, or offer or expose for sale, as 
fruit jelly or fruit butter, any jelly or imitation fruit butter or other 
similar compound made or composed in whole or in part of glucose, 
dextrine, starch or other substances, and colored in imitation of fruit 
jelly or fruit butter; nor shall any such jelly, fruit butter or compound 
be manufactured or sold, or offered for sale, under any name or designa¬ 
tion whatever, unless the same shall be composed entirely of ingredients 
not injurious to health, and shall not be colored in imitation of fruit 
jelly, and every can, pail or package of such jelly or butter sold in this 
State shall be distinctly and durably labeled “Imitation fruit jelly or but¬ 
ter,” with the name of the manufacturer and the place where made. 
Whoever violates the provisions of this section shall be deemed guilty 
of a misdemeanor, and when convicted thereof shall be punished by a fine 


56 


MICHIGAN FARM LAWS. 


of not less than fifty nor more than five hundred dollars, or by impris¬ 
onment in the county jail or State House of Correction and Reformatory 
at Ionia for not less than ninety days nor more than two years, or by 
, both such fine and imprisonment in the discretion of the court. 

Sec. 14. Canned fruits, etc.; soaked or bleached goods: No 
packer or dealer in preserved or canned fruits and vegetables, or other 
articles of food, shall sell or offer for sale such canned articles, unless 
such articles shall be entirely free from substances or ingredients dele¬ 
terious to health, and unless such articles bear a mark, stamp,, brand 
or label bearing the name and address of the firm, person or corpora¬ 
tion that packs the same. All “Soaked or bleached goods,” or goods 
put up from products dried before canning, shall be plainly marked, 
branded, stamped or labeled as such, with the words “Soaked or bleached 
goods,” in letters not less than two-line pica in size, showing the name 
of the article and the name and address of the packer. 

Sec. 15. (as amended, 1897). Coffee, coffee compound, etc.: 
No person shall manufacture or sell, or offer for sale any manufactured 
or artificial coffee berry in imitation of the genuine berry. No person 
shall manufacture, sell or offer or expose for sale any ground or pre¬ 
pared coffee, which is adulterated with chicory or other substance not 
injurious to health, unless each package thereof shall be distinctly labeled 
or marked “Coffee compound,” together with the name and address 
of the manufacturer or compounder thereof, and has no other label of 
whatever name or designation. No person shall offer or expose for sale, 
have in his possession with intent to sell, or sell any molasses, syrup or 
glucose, unless the barrel, cask, keg, pan or pail containing the same 
shall be distinctly branded or labeled with the true and appropriate name; 
nor shall any person offer or expose for sale, have in his possession with 
intent to sell, or sell any molasses or syrup mixed with glucose, unless 
the barrel, cask, keg or pail containing the same be distinctly branded 
or labeled “Glucose mixture,” and the per cent in which glucose enters 
into its composition. Such barrel, cask, keg or pail shall be branded 
or labeled in a conspicuous place; and such brands or labels shall be 
in letters of not less than one-half inch in length. Glucose and glucose 
mixtures shall have no other designation than herein required. 

Sec. 16. Brewing and distilling: No person shall within this 
State manufacture, brew, distill, have or offer for sale, or sell, any 
spirituous N or fermented or malt liquors, containing any substance or 
ingredient not normal or healthful, to exist in spirituous, fermented or 
malt liquors, or which may be deleterious or detrimental to health when 
such liquors are used as a beverage. 

Sec. 17. Taking orders, etc.: The taking of orders or the making 
of agreements or contracts, by any person, firm or corporation, or by 
any agent or representative thereof-, for the future delivery of any of, the 
articles, products, goods, wares or merchandise embraced within the 


DAIRY AND FOOD LAWS. 


57 


provisions of this act, shall be deemed a sale within the meaning of this 
-act. 

Sec. 18. Penalty for false branding, etc.: Whoever shall falsely 
brand, mark, stencil or label any article or product required by this act 
to be branded, marked, stenciled, or labeled, or shall remove, alter, de¬ 
face, mutilate, obliterate, imitate or counterfeit any brand, mark, stencil 
•or label so required, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine of not less than one hun¬ 
dred nor more than one thousand dollars and the costs of prosecution, 
or by imprisonment in the oounty jail or State House of Correction and 
Reformatory at Ionia, for not less than six months nor more than three 
years, or by both such fine and imprisonment in the discretion of the 
court for each and every offense. 

Sec. 19. (as amended, 1899). Further penalties: Whoever shall 
do any of the acts or things prohibited, or willfully neglect or refuse 
to do any of the acts or things enjoined by this act, or in any way violate 
any of its provisions, shall be deemed guilty of a misdemeanor, and 
where no specific penalty is prescribed by this act shall be punished 
by a fine of not less than twenty-five nor more than five hundred dol¬ 
lars, or by imprisonment in the county jail for a period of not more 
than ninety days, or by both such fine and imprisonment,, in the discre¬ 
tion of the court. 

Sec. 20. Dairy and Food Commissioner to enforce law: It shall 
be the duty of the Dairy and Food Commissioner of the State to investi¬ 
gate all complaints of violations of this act, and take all steps necessary 
to its enforcement. It shall be the duty of all prosecuting officers of this 
State to prosecute to completion all suits brought under the provisions of 
this act upon the complaint of the commissioner or of any citizen. It 
shall be the duty of all food inspectors in cities to examine -all complaints 
made to them of violation of this act, and to render assistance in enforc¬ 
ing its provisions. It shall also be the duty of all health boards in cities 
and health officers in townships to take cognizance of and report or prose¬ 
cute all violations of this act that may be brought to their notice, or they 
may have cognizance of, within their jurisdiction. 

Sec. 21. Repeals: All acts and parts of acts inconsistent with this 
act are hereby repealed. 

IV. Buckwheat Flour. 

AN ACT in relation to the manufacture and sale of buckwheat flour. 

[Being Act No. 208, passed 1903.] 

Section 1. The people of the State of Michigan enact, Within this 
State no person shall manufacture, offer, or expose for sale, keep in 
possession with intent to sell, or sell any ground buckwheat containing 
any product of wheat, corn, rice or other foreign substance, unless each 


58 


MICHIGAN FARM LAWS. 


and every package thereof be distinctly and legibly branded or labeled 
“Buckwheat Flour Compound” in letters not less than one-half inch in 
length and be followed with the name of the maker and factory and the 
location of such factory. 

Sec. 2. Any brand or label herein required shall be an inseparable 
port of the general or distinguishing label, and such label shall be that 
principal and conspicuous sign under which it is sold, and any other 
label or printed matter upon the package shall not be in contravention of 
the requirements of this act. 

Sec. 3. The having in possession of any buckwheat flour compound, 
which is not branded or labeled as hereinbefore required and directed 
upon the part of any person engaged in the public or private sale of such 
article, shall, for the purpose of this act, be deemed prima facie evidence 
of intent to sell the same. 

Sec. 4. The taking of orders or the making of agreements or con¬ 
tract by any person, firm or corporation or by any agent or representative 
thereof, for the future delivery of buckwheat flour compound shall 
be deemed a sale within the meaning of this act. 

Sec. 5. Whoever shall do any of the acts or things prohibited, or 
neglect or refuse to do any of the acts or things enjoined by this act, 
or in any way violate any of the provisions, shall be deemed guilty of 
a misdemeanor and shall be punished by a fine not less than twenty-five 
dollars nor more than one hundred dollars, or by imprisonment in the 
county jail for a period of not less than thirty days nor more than 
ninety days or by both such fine and imprisonment in the discretion 
of the court. 

Sec. 6. Act number eighty-four of the public acts of eighteen hun¬ 
dred and ninety-seven, entiled “An act to prohibit and prevent adultera¬ 
tion, fraud and deception in the manufacture and sale of buckwheat 
flour,” being sections four thousand nine hundred ninety-four to five 
thousand two, both inclusive, of the Compiled Laws of one thousand* 
eight hundred and ninety-seven is hereby repealed. 

V. Vinegar. 

The manufacture and sale of vinegar. 

[Act No. VI, passed, 1897.] 

Section 1. The People of the State of Michigan enact , That no per¬ 
son shall manufacture for sale, offer, or expose for sale, sell or deliver, 
or have in his possession with intent to sell, or deliver, any vinegar not 
in compliance with the provisions of this act. No vinegar shall be sold 
as apple, orchard or cider vinegar, which is not the legitimate product 
of pure apple juice, known as apple cider or vinegar, not made exclusively 
of said apple cider or vinegar into which foreign substance, drugs or 


DAIRY AND FOOD LAWS. 


59 


acids have been introduced, as may appear upon proper test, and upon 
said test, shall contain not less than one and three-fourths per cent, 
by weight, of cider vinegar solids upon full evaporation at the temperature 
of boiling water. 

Sec. 2. All vinegar made by “fermentation and oxidation without the 
intervention and distillation shall be branded “fermented vinegar,” with 
the name of the fruit or substance from which the same is made. A.nd 
all vinegar made wholly or in part from distilled liquor shall be branded 
“distilled vinegar,” and all of such distilled vinegar shall be free from 
coloring matter added during or after distillation. And all fermented 
vinegar not distilled shall contain not less than one and three-fourths 
per cent, by weight, upon full evaporation (at the temperature of boiling 
water) of solids, contained in the fruit or grain from which said vinegar 
is fermented, and said vinegar shall contain not less than two and a half 
tenths of one percent ash or mineral matter, the same being the product 
of the material from which said vinegar is manufactured. And all vine¬ 
gar shall be made wholly from the fruit or grain from which it pur¬ 
ports to be or is represented to be made, and shall contain no foreign 
substance, and shall contain not less than four per cent, by weight, of 
absolute acetic acid. 

Sec. 3. No person shall manufacture for sale, offer for sale, or have 
in his possession with intent to sell, any vinegar found upon proper test 
to contain any preparation of lead, copper, sulphuric or other mineral 
acid, or other ingredients injurious to health. And all packages con¬ 
taining vinegar shall be marked, stenciled or branded on the head of 
the cask, barrel or keg containing such vinegar with the name and 
residence of the manufacturer together with brand required in section 
two hereof. 

Sec. 4. Whoever violates any of the provisions of this act shall, upon 
conviction, be fined not less than fifty dollars nor more than one hundred 
dollars, or imprisonment in the county jail not to exceed ninety days 
and the costs of imprisonment, or by both such fine and imprisonment in 
the discretion of the court. 

Sec 5. All acts and parts of acts contravening the provisions of 
this act are hereby repealed. 

VI. Milk. 

Adulteration of milk and milk products; penalty: Whoever shall 
knowingly sell to any person or persons, or sell, deliver, or bring to be 
manufactured to any cheese or butter manufactory in this State, any 
milk diluted with water, *or in. any way adulterated or milk from which 
any cream has been taken, or milk commonly known as “skimmed milk,” 
or shall keep back any part of the milk known as “strippings” with in¬ 
tent to defraud, or shall knowingly sell milk, the product of a sick or 
diseased animal or animals, or any milk produced from any cow fed 
upon the refuse of a distillery, or of a brewery, or upon any substance 


60 


MICHIGAN FARM LAWS. 


deleterious to the quality of the milk, or shall knowingly use any poison¬ 
ous or any deleterious material in the manufacture of any cheese or butter, 
or shall knowlingly sell or offer to sell any cheese or butter, in the 
manufacture of which any poisonous or deleterious substance has been 
used, shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be fined not less than ten dollars nor more than one hundred 
dollars; and may be committed to the county jail until such fine shall 
be paid: Provided, That such imprisonment shall not exceed ninety 
days; and shall be liable in double the amount of damages to the person 
or persons, firm, association, or corporation upon which such fraud shall 
have been committed. An act entitled “An act to prevent the adultera¬ 
tion of milk and to prevent the taffic in impure and unwholesome milk,” 
approved March thirty-first, eighteen hundred and seventy-one, is hereby 
repealed: Provided, That any right accrued or forfeiture incurred under 
said act, shall remain valid and binding, and may be enforced under said 
act as if the same were not repealed. [11411.] 

Impure, unwholesome, adulterated, or swill milk; sale of unlawful: 
It shall be unlawful for any person, either by himself or agent, to sell 
or expose for sale within the State of Michigan any unwholesome, 
watered, or adulterated or impure milk or swill milk or colostrum, or 
milk from cows kept upon garbage, swill or any substance in a state 
of fermentation or putrefaction or other deleterious substances, or from 
cows kept in connection with any family in which there are infectious 
diseases. The addition of water or ice to the milk is hereby declared an 
adulteration. [11412.] 

Penalty: Any person who shall violate any of the provisions of 
the preceding section shall be punished by a fine not to exceed one hun¬ 
dred dollars or (by) imprisonment not to exceed three months or by such 
fine and imprisonment, in the discretion of the court. [11413.] 

Inspector to be appointed: It shall be the duty of the metropoli¬ 
tan police commissioners of the city of Detroit, by and with the con¬ 
sent and advice.of the board of health of the city of Detroit, to appoint 
an inspector, who shall be a person of previous practical experience. 
Said inspector may be created captain, sergeant or roundsman of the 
said police force of the city of Detroit, at the option of the board of 
metropolitan police commissioners. [11414.] 

Duty of Inspector: It shall be the duty of said inspector to per¬ 
sonally view, so far as possible, all milk exposed for sale in said city, 
and to visit all dairy houses, barns, or stables in said city or the county 
of Wayne, to inspect the same, and the animals held therein, and to 
visit all places where milk is kept or exposed for sale in the city of 
Detroit, and to inspect and ascertain the condition of said milk. He 
may detail any patrolman of said city to assist him in the performance 
of any or all of the duties enjoined on him by this act: Provided, al¬ 
ways, That said inspector and any policeman so detailed shall always be 


DAIRY AND FOOD LAWS. 


61 


subject to the provisions of the laws establishing and governing the metro¬ 
politan police of said city. [11415.] 

Complaint: It shall be the duty of said inspector or of his assist¬ 
ant, and of all other inspectors appointed under this apt, to make com¬ 
plaint in writing ‘before a police justice or justice of the peace, or other 
court having jurisdiction thereof, of every violation of this act coming 
to his knowledge. [11416.] 

Separate offenses; what are: Each and every quantity of milk 
sold or exposed for sale contrary to the provisions of this act shall 
constitute a separate offense. [11417.] 

Penalty for resisting inspector: Any person who shall refuse to 
permit the said inspector, or his assistant (assistants,) to perform his 
duty under this act, either by refusing him entrance to his premises or 
by concealing any milk, or refusing to permit any milk or animal or 
premises wherein animals are kept, to be viewed and inspected as herein 
provided, or by in any manner hindering or resisting any said inspector 
or assistant inspector in the performance of his duty, shall be guilty of 
a misdemeanor, and punished therefor. [11418.] 

Common council and trustees to appoint inspector: Authority is 
hereby given the common council of any city, and the board of trustees 
or council of any village, to appoint an inspector of milk in any such city 
or village, and to fix their compensation, and when appointed the said 
inspectors of milk shall have all the powers given by section four of this 
act, and shall perform all the duties required of inspectors of milk as 
provided herein, and such other powers and duties as may be conferred 
or imposed by the ordinances of said cities or villages. [11419.] 

Who shall be punished for adulteration and how: Whoever shall 
adulterate by himself, or by his servant or agent, or sell, exchange or 
deliver, or have in his custody or possession with intent to sell or ex¬ 
change the same, or exposes or offers for sale or exchange, adulterated 
milk or milk to which water or any foreign (substance) substances in any 
state of fermentation or putrefaction, or from sick or diseased cows, shall 
be guilty of a misdemeanor, and shall, for every such offense, be punished 
by a fine not exceeding one hundred dollars or by imprisonment in the 
county jail o^ the State House of Correction and Reformatory at Ionia 
not exceeding three months. [11420.] 

Possession of adulterated milk, etc., with intent to sell; penalty, 
etc.: Whoever shall adulterate, himself, or by his servant or agent, 
sell, exchange or deliver, or have in his custody or possession with 
intent to sell or exchange the same, or exposes or offers for sale as 
pure milk, any skimmed milk from which the cream or any part thereof 
has been removed < shall be guilty of a misdemeanor, and shall, for such 
offense, be punished by the penalty provided in the preceding section. 
[11421.] 

Skimmed milk; how to be sold: Any'dealer in milk who shall 
by himself, servant or agent, sell, exchange or deliver, or have in his 


62 


MICHIGAN FARM LAWS. 


custody or possession with intent to sell, exchange or deliver the same, 
milk from which the cream or any part thereof has been removed, unless 
in a conspicuous place above the center upon the outside of every vessel, 
can or package from which any such milk is sold, the words “Skimmed 
milk” are distinctly painted in letters not less than one inch in length, 
shall be guilty of a misdemeanor and shall be punished by a fine of not 
exceeding one hundred dollars or by imprisonment in the county jail 
or Detroit House of Correction not exceeding three months. [11422*.] 

What analysis of milk must show: If milk sold or offered for 
sale under the provisions of this act as pure milk, is shown upon analysis 
by weight to contain more than eighty-seven and fifty one-hundredths 
per centum of watery fluid, or to contain less than twelve and fifty one- 
hundredths of milk solids, per centum, or less fat than three percentum, 
or if the specific gravity at 60 degrees-Fahrenheit is not between 1 29-1000 
to 1 33-1000, it shall be deemed to be adulterated. If milk sold or offered 
for sale under the provisions of this act as skimmed milk has a specific 
gravity at 60 degrees Fahrenheit less than 1,032 and greater than 1,037, 
it shall be deemed to be adulterated. [11423.] 

Inspector to take samples of adulterated milk: Whenever any 
inspector of milk has reason to believe that any milk found by him 
is adulterated, he shall take specimens thereof and test the same with 
such instrument or instruments as are used for such purposes, and he 
shall make an analysis thereof, showing total solids, the percentage of 
butter, the percentage of water and the percentage of ash; and if the 
result of such test and analysis indicates that the milk has been adul¬ 
terated or deprived of its cream of any part thereof, the same shall be 
prima facie evidence of such adulteration in a prosecution under this act. 
[11424.] 

Removing cream; adding water, etc.; penalty: Any person who 
shall remove the cream of any part thereof from milk to be sold as pure 
milk to any manufactory in which milk is used as a material in the 
process of production, and any person who shall, in any manner, adulter¬ 
ate such milk, either by the addition of water or otherwise, shall be 
guilty of a misdemeanor, and shall, for every such offense, be punished 
by a fine not exceeding o$e hundred dollars, or by imprisonment in the 
county jail or Detroit House of Correction not exceeding ninety days 
[11425.] 

Sale and delivery of milk: No person shall offer or expose for 
sale, sell, exchange or deliver, or have in his possession with intent to 
sell, exchange or deliver, any milk to which water, chemicals or preserva¬ 
tives, or any other foreign substance has been added. The term milk 
as used in this act shall include all skimmed milk, butter milk, cream and 
milk in its natural state as drawn from the cow. [Sec. 1 of Act No. 106, 
passed 1899.] 

Penalties: Whoever shall do any of the acts or things prohibited, 
or neglects or refuses to do any of the acts or things enjoined by this 


DAIRY AND FOOD LAWS. 


act, or in any way violates any of its provisions, shall be deemed guilty 
of a misdemeanor, and shall be punished by a fine of not less than one 
dollar nor more than one hundred dollars and the costs of prosecution, 
or by imprisonment in the county jail not more than ninety days, or by 
both such fine and imprisonment in the discretion of the court. [Sec. 2 
of Act No. 106, passed 1899.] 

VII. Oleomargarine. 

The manufacture and sale of oleomargarine or imitation butter. 

[Act. No. 147, passed 1899.] 

Section 1. The People of the State of Michigan enact , No person 
shall sell, expose or offer for sale or exchange, or have in his possession 
with intent to sell or exchange, any oleomargarine, or other substance 
made in imitation of butter, and which is intended to be used as a sub¬ 
stitute for butter, unless each and every vessel, package, roll or parcel 
of such substance has distinctly and durably printed, stamped or stenciled 
thereon in black letters the true name of such substance, in ordinary 
bold faced capital letters, not less than five line pica in size; and also the 
name and address of the manufacturer, together with the name of each 
and every article or ingredient used or entering into the composition of 
such substance, in ordinary bold faced letters, not less than pica in size. 

Sec. 2. No person shall sell, exchange or deliver any oleomargarine 
or other substance made in imitation of butter, and which is intended 
to be used as a substitute for butter, unless he shall distinctly inform 
the purchaser by a verbal notice at the time the sale that the same is a 
substitute for butter ,and shall also deliver to the purchaser of each 
and every roll, package or parcel of such oleomargarine or other sub¬ 
stance, at the time of the delivery of the same, a separate and distinct 
label on which is plainly and legibly printed in black ink in ordinary 
bold faced capital letters not less than five line pica in size, the true name 
of such substance and also the name and address of the manufacturer, to¬ 
gether with the name of each article used and entering into the composition 
of such substance, in ordinary bold faced letters not less than pica in 
size. 

Sec. 3. The proprietor or keeper of any store, hotel, restaurant, 
eating saloon, boarding house, or other place where oleomargarine is sold 
or furnished to persons paying for the same, shall have placed on the 
walls of every store or room where oleomargaine is sold or furnished, 
a white placard on which is printed in black ink, in plain Roman letters 
of not less than three inches in length, and not less than two inches in 
width, the words “Oleomargarine Sold or Used Here,” and shall at 
all times keep the same exposed in such conspicuous place as to be readily 
seen by any and all persons entering such store, or other room or 


rooms. 


64 


MICHIGAN FARM LAWS. 


Sec. 4. No person shall use in any way, in connection or association 
with the sale or exposure for sale or advertisement of any substance de¬ 
signed to be used as a substitute for butter, the word “butter,” “cream¬ 
ery,” or “dairy,” or the name or representation of any breed of dairy 
cattle, or any combination of such word or words and representation, 
or any other words or symbols or combinations thereof commonly used: 
in the sale of butter. 

Sec. 5. For the purpose of this act the word “butter” shall be under¬ 
stood to mean the food product usually known as butter, and which is 
made exclusively from milk or cream, or both, with or without common 
salt, and with or without additional coloring matter. 

Sec. G. For the purposes of this act certain manufactured substances, 
certain extracts, and certain mixtures and compounds, including such 
mixtures and compounds with butter, shall be known and designated as 
“oleomargarine,” namely: All substances heretofore known as oleomar¬ 
garine, oleo, oleomargarine oil, butterine, lardine, suine and neutral; all 
mixtures and compounds of oleomargarine, oleo, oleomargarine oil, butter¬ 
ine, lardine, suine and neutral; all lard extracts and tallow extracts;, 
and all mixtures and counpounds of tallow, beef fat, suet, lard, lard oil,, 
vegetable oil, butterine, lardine, suine and neutral; ail lard extracts and 
tallow extracts; and all mixtures and compounds of tallow, beef fat, suet, 
lard, lard oil, vegetable oil, intestinal fat, and affal fat, made in imita¬ 
tion or semblance of butter, or when so made, calculated or intended 
torbe sold or used as butter or for butter. 

Sec. 7. Whoever violates any di the provisions of this act shall be 
deemed guilty of a misdemeanor, and upon conviction thereof shall be 
punished by a fine of not less than fifty dollars, nor more than five hun¬ 
dred dollars, and the costs of prosecution, or by imprisonment in the 
county jail or State House of Correction and Reformatory at IonL, for 
not less than six months nor more than three years, or by both such fine 
and imprisonment in the discretion of the court, in each and every of- 
■fense. All acts or parts of acts inconsistent with the provisions of this, 
act are hereby repealed. 

VII. Butter. 

MANUFACTURE AND SALE OF IMITATION BUTTER. 

[Act. No. 22, passed 1901.] 

Section 1. The people of the State of Michigan enact, No person,, 
by himself or his agents, or servants, shall render or manufacture, sell, 
offer for sale, expose for sale, or have in his possession with intent to* 
sell, any article, product or compound made wholly or in part out of any 
fat, oil or oleaginous substance or compound thereof, not produced from, 
unadulterated milk, or cream from the same, which shall be in imitation 
of yellow butter produced from pure unadulterated milk or cream of the 
same; Provided, That nothing in this act shall be. construed to prohibit 


DAIRY AND FOOD LAWS. 


65 


the manufacture or sale of oleomargarine in a separate and distinct form,, 
and in such manner as will advise the consumer of its real character, free 
from coloration or ingredient that causes it to look like butter. 

Sec. 2. Whoever violates any of the provisions of section one of this - 
act shall be deemed guilty of a misdemeanor, and upon conviction thereof, 
shall be punished by a fine of not less than fifty dollars nor more than 
five hundred dollars, and the costs of prosecution, or by imprisonment 
in the county jail or State House of Correction and Reformatory at Ionia 
for not less than six months nor more than three years, or by both such 
fine and imprisonment in the discretion of the court, fo.r each and every 
offense. 

MANUFACTURE AND SALE OF RENOVATED BUTTER. 

[Act. No. 243, passed 1903.] 

Section 1. The People of the State of Michigan enact, No person, 
firm or corporation shall manufacture for sale, offer or expose for sale, 
sell, exchange or deliver or have in his possession with the intent h> 
sell, exchange or deliver, any butter that is produced by taking original 
packing stock butter or other butter, or both, melting the same so that 
the butter fat can be drawn off or extracted, mixing the said butter fat 
with skimmed milk, or milk or cream, or other milk product, and re¬ 
churning or reworking the said mixture; nor shall any person, firm or 
coporation manufacture for sale, offer or expose for sale, sell, exchange 
or deliver, or have in his possession for any such, purpose any butter 
which has been subjected to any process by which it is melted, clarified 
or refined, or made to resemble butter, and is commonly known as boiled,, 
process or renovated butter, and which for the purpose of this act is 
hereby designated as ‘-‘Renovated Butter,” unless the same shall be; 
branded or marked as provided in section two of this act. 

Sec. 2. Whoever, himself or by his agent, or as the servant or 
agent of another person shall sell, expose for sale or have in his custody 
or possession with the intent to sell any “Renovated Butter,” as defined 
in section one of this act, shall have the words “Renovated Butter” con¬ 
spicuously stamped, labeled or marked in one or two lines and in plain 
gothic letters, at least three-eighths of an inch square, so that the words 
cannot be easily defaced, upon two sides of each and every tub, firkin, 
box or package containing said “Renovated Butter”; or, if such butter 
is exposed for sale uncovered, or not in case or package, a placard con¬ 
taining said words in the same form as above described in this section 
shall be attached to the mass in such a manner as to be easily seen and 
read by the purchaser. When “Renovated Butter” is sold from swell 
package or otherwise at retail, in print, roll or other form, before being 
delivered to the purchaser, it shall be wrapped in wrappers plainly stamped 
on the outside thereof with the words “Renovated Butter printed or 
stamped thereon in one or two lines, and iw plain gothic letters at least 
5 M F Iy 


MICHIGAN FARM LAWS. 


m 

ihree-eighths of an inch square and such wrapper shall contain no other 
words or printing thereon, and said words “Renovated Butter” so stamped 
-or printed in the said wrapper shall not be in any manner concealed, but 
shall be in plain view of the purchaser at the time of the purchase. 

Provided, If at any time the laws of the United States provide that 
•butter manufactured as is described in this act, shall be labeled “Process 
Butter,” then and in such case only shall such substitution be permitted 
-and the labeling of said butter as “Process Butter” shall be deemed a 
•compliance with this act. [From Public Act No. 119, approved May 
19, 1909.] 

Sec. 3. Whoever shall violate any of. the provisions of this act shall 
be deemed guilty of a misdemeanor and upon conviction thereof shall be 
punished by a fine of not less than twenty-five dollars nor more than 
five hundred dollars, and the costs of prosecution, or by imprisonment in 
the county jail or Michigan Reformatory at Ionia, for not less than six 
months nor more than three years, or by both such fine and imprisonment 
in the discretion of the court, for each and every offense. 

Sec. 4. Act number two hundred fifty-four of the public acts of 
•eighteen hundred ninety-nine, repealed. 

) ■ 

IX. Confectioneries. 

ADULTERATION OF CANDIES AND CONFECTIONERIES AND THE SALE THEREOF, ETC. 

[Act. No. 11, passed 1887J 

Section 1. The People of the State of Michigan enact, That any 
person or persons manufacturing for sale or knowingly selling or offering 
to sell any candies or confectioneries adulterated by the admixture of 
•terra alba, barytes, talc or other earthy or mineral substances, or any 
-poisonous colors, flavors or extracts, or other deleterious ingredients detri¬ 
mental to health, shall upon proper conviction thereof, before a court of 
competent jurisdiction, be punished by a fine not less than ten nor more 
Than one hundred dollars, or imprisonment in the county jail not less 
than ten nor more than thirty days, or both such fine and imprisonment 
-in the discretion of the court. 

Sec. 2. It is hereby made the duty of the local health officer or local 
board of health having jurisdiction thereof to investigate without un¬ 
necessary delay all complaints that may be properly brought before them 
and containing the facts as supported by affidavit of the parties com¬ 
plaining of the adulteration or sale of adulterated candies or confec¬ 
tioneries * * * . 

IXa. Ice Cream. 

No person, firm or corporation shall manufacture for sale, keep for 
sale, sell, barter, exchange or deal in ice cream which shall contain any 
substance other than milk, cream, eggs, sugar, and some neutral flavoring 
.gelatin or vegetable gums of which contain less than twelve per cent milk 


DAIRY AND FOOD LAWS. 


67 


fat except where nuts are used for flavoring when ten per cent milk fat 
shall be sufficient. [From Public Act No. 70 approved May 6, 1909.] 

jc'epper. 

THE MANUFACTURE AND SALE OF BLACK PEPPER IN MICHIGAN. 

[Act. No. 180, passed 1901.] 

Section 1. The People of the State of Michigan enact, Within this 
State no person, firm, or corporation shall manufacture, offer or expose 
for sale, keep in possession with intent to sell, or sell any ground or 
whole black pepper containing any foreign substance whatever. All black 
pepper shall contain not more than six and one-half per cent ash or 
mineral matter; and shall contain not less than twenty-five per cent 
starch as determined by the diastase method; and .shall cotnain not less 
than six tenths of one per cent nor more than one and three-fourths per 
cent of volatile ether extract; and shall contain not more than ten per 
cent nor less than six and one-half per cent of nonvolatile ether extract; 
and shall contain not more than sixteen per cent of crude fibre. 

Sec. 2. Whoever shall do any of the acts or things prohibited, or 
neglects or refuses to do any of the acts or things enjoined by this act, 
or in any way violates any of its provisions, shall be deemed guilty of a 
misdemeanor, and shall be punished by a fine not less than twenty-five 
nor more than five hundred dollars and the costs of the prosecution, or by 
imprisonment in the county jail not more than ninety days, or by both 
such fine and imprisonment, in the discretion of the court. 

XI. Corn Syrup. 

THE SALE OF CORN SYRUP. 

[Act No. 123, passed 1903.] 

Section 1. The People of the State of Michigan enact, No person 
shall offer or expose for sale, have in his possession with intent to sell, 
or sell, any cane syrup, beet syrup, or glucose, unless the barrel cask, 
keg, can, pail or package containing the same be distinctly branded or 
labeled with the true and appropriate name; nor shall any person offer or 
expose for sale, have in his possession with intent to sell, or sell any 
cane syrup or beet syrup mixed with glucose unless the barrel, cask, keg, 
can, pail or package containing the same be distinctly branded or labeled 
“Glucose Mixture” or “Corn Syrup” in plain gothic type not less than 
three-eighths of an inch square, with the name and percentage by weight 
of each ingredient contained therein plainly stamped, branded or stenciled 
on each package in plain gothic letters not less than one-quarter of an 
inch square. Each and every package of syrup either simple or mixed 
shall bear the name and address of the manufacturer. Such mixtures or 
syrups shall have no other designation or brand than herein required 


68 


MICHIGAN FARM LAWS. 


that represents or is the name of any article which contains a saccharine 
substance; and all brands or labels required shall be an inseparable 
part of the general or distinguishing label, and that the general or dis¬ 
tinguishing label shall be that principal and conspicuous sign under which 
it is sold. 

Sec. 2. Whoever shall do any of the acts or things prohibited, or 
neglect or refuse to do any of the acts or things required by this act, or 
in any way violate any of the provisions, shall be deemed guilty of a 
misdemeanor, and shall be punished by a fine not less than twenty-five 
dollars nor more than one hundred dollars, or by imprisonment in the 
county jail for a period of not less than thirty nor more than ninety 
days, or by both such fine and imprisonment in the discretion of the court. 

XII. Maple sugar, molasses and syrup. 

Adulteration unlawful: It shall be unlawful for any person, deal¬ 
er, firm, manufacturer or corporation to manufacture and sell, or offer for 
sale, any maple sugar, maple molasses or maple syrup that is in anywise 
adulterated with common sugar, beet sugar, glucose or any other foreign 
substance without distinctly marking, stamping or labeling the article or 
the' package containing the same with the true and appropriate name of 
such article and the percentage in which common sugar, beet sugar, glu¬ 
cose or any other foreign substance enters into the composition of the 
same. [5007.] 

Misrepresentation in sale unlawful: Any person, dealer, firm, 
manufacturer or corporation, who shall sell or offer for sale, and who- 
shall falsely stamp or misrepresent or label any cans, jugs, jars or pack¬ 
ages containing maple molasses or maple syrup, and any person, dealer, 
firm, manufacturer or corporation who shall sell or offer for sale any 
maple sugar that is in anywise adulterated, who falsely misrepresents or 
labels or stamps the same, or knowingly permits such misrepresentation 
or false stamping or labeling, shall be deemed guilty of a misdemeanor 
and punished with a fine not less than fifty dollars, in case of vender,, 
and in the case of manufacturers and those falsely or fraudulently stamp¬ 
ing or labeling or misrepresenting such goods, shall be fined not less 
than five hundred dollars, nor more than one thousand dollars, and it 
shall be the duty of any board of health in this state, or food commis¬ 
sioner, should there be one, cognizant of any violation of this act to prose¬ 
cute any person, dealer, firm, manufacturer, or corporation, which it has 
reason to believe has violated any of the provisions of this act, and after 
deducting the costs of trial and conviction the balance of fine recovered,, 
one-half be placed in the township treasury wherein the conviction is made, 
the balance placed to the general fund of the county. Any (person) per¬ 
sons, dealer, firm, manufacturer or corporation who shall knowingly sell 
or offer for sale any cans, jugs, jars or packages containing maple mo¬ 
lasses, 'maple syrup, or maple sugar, that is in anywise adulterated, shall 


DAIRY AND FOOD LAWS. 


69 


be deemed guilty of a misdemeanor and punished by a fine or not more 
than one hundred dollars, or by imprisonment in the county jail for a 
period not to exceed three months, or by both such fine and imprison¬ 
ment, at the discretion of the court. [5008.] 

False stamp or label unlawful: Any person, dealer, firm, manu¬ 
facturer or corporation, who shall falsely stamp or misrepresent or. label 
any cans, jugs, jars or packages, containing maple molasses, or maple 
syrup, or maple sugar, that is in anywise adulterated, or knowingly per¬ 
mits such (misrepresentation) misrepresentations or false stamping or 
labeling, shall be deemed guilty of a misdemeanor, and punished by a fine, 
not more‘than five hundred dollars, or by imprisonment in, the county jail 
for a period of not more than one year, or by both such fine or im¬ 
prisonment, in the discretion of the court. [5009.] 

XIII. Preservatives. 

THE USE OF PRESERVATIONS IN FOOD PRODUCTS. 

[Act No. 13, passed 1905.] 

Section 1. The People of the State of Michigan enact, No person, 
firm or corporation shall manufacture, sell, offer for sale, expose for sale, 
or have in his 'possession with intent to sell, any food product containing 
benzoic acid or benzoate of sodium, or any other harmless preservative, 
unless each and every package containing the same shall, in the condition 
in which it is exposed for sale, be distinctly, conspicuously, and legibly 
branded, labeled, or marked, in plain English letters, with the words 
“Prepared with” followed by the proper English name of the preserva¬ 
tive used: Provided, That nothing in this act shall be construed to pro¬ 
hibit or regulate, by branding or otherwise, the use as a preservative of 
common salt, syrup, sugar, salt petre, spices, alcohol, vinegar or wood 
smoke: And Provided Further, That the provisions of this act shall 
not apply to dairy products. 

Sec. 2. Whoever shall do any of the acts or things prohibited, or 
neglect or refuse to do any of the acts or things required by this act, or 
in any way violate any of its provisions, shall be deemed guilty of a 
misdemeanor, and shall be punished by a fine not less than ten dollars 
nor more than one hundred dollars, or by imprisonment in the county 
jail for a period of not more than ninety days, or by both such fine and 
imprisonment in the discretion of the court.' 


CHAPTER 6. 


Descent and Distribution of Property. 

I. Descent of real property. 

II. Sale of land for payment of debts of deceased. 

III. Distribution of personal property. 

VI. Who entitled to administer estate. 

I. Descent of Real Property. 

Lands descend subject to debts: When any person shall die 
seized of any lands, tenements or hereditaments, or of any right thereto, 
or entitled to any interest therein in fee simple, or for the life of 
another, not having lawfully devised the same, they shall descend, subject 
to his debts, in the following manner: 

1. First by right of representation, etc.: In equal shares to his 
children, and to the issue of any deceased child, by right of representa¬ 
tion ; and if there be no child of the intestate living, at his death, his estate 
shall descend to all his other lineal descendents; and if all the said 
descendents are in the same degree of kindred to the fntestate, they shall 
share the estate equally, otherwise they shall take according to the right 
of representation; 

2. Second, in case of no issue, etc.; the provisions for widow shall 
be in lieu of dower unless, etc.: If the intestate shall leave a hus¬ 
band or widow and no issue, one-half of the estate of such intestate 
shall descend to such husband or widow and the remainder to the 
father and mother of the intestate in equal shares; and if there be but 
one of the parents living, then to the survivor alone; and if the intestate 
shall leave no issue, husband or widow, his or her estate shall descend to 
the father and mother in equal shares, and if there be but one of the 
parents living, then to the survivor alone; and if the intestate shall 
leave no issue, father or mother his or her estate shall descend subject 
to the provision herein made for the widow or husband, if a widow or 
husband survive the deceased, in equal shares to his or her brothers 
and sisters and the children of deceased brothers and ‘sisters by right 
of representation. The provision herein made for the widow shall be in 
lieu of dower, unless she shall within one year after the appointment of 
an administrator of the estate of the intestate begin proceedings for the 
assignment to her of dower in the intestate’s estate, in which case her 
interest in such real estate shall be limited to her dower therein, and 
the residue of such estate shall then descend as herein provided for the 
portion therof not taken by such widow; 

70 


DESCENT AND DISTRIBUTION OF PROPERTY. 


71 


3. Third, estate shall descend to next of kin in certain cases: If 

the intestate shall leave no issue, husband, widow, father, mother, brother 
sister nor children of brother or sister, his estate shall descend to his 
next of kin in equal degree, excepting that when there are two or more 
collateral kindred in equal degree but claiming through different an¬ 
cestors, those who claim through the nearest ancestor shall be preferred 
to those claiming through an ancestor more remote: Provided, however, 

4. Fourth, in case of only one child and it dies: If any person 
shall die leaving several children, or leaving one child and the issue of 
one or more other children, and such surviving child [shall] die under 
age, and not having been married, all the estate that came to the de¬ 
ceased child by inheritance from such deceased parent, which has not 
been lawfully disposed of, shall descend in equal shares to the other 
children of the same parent, and to the issue of such other children who 
shall have died, by right of representation; 

5. Fifth, in case the child dies under age: If at the death of any* 
such child, who shall die under age* and not having been married, all the: 
other children of his or her said parent shall also be dead, and any of 
them shall have left issue, the estate that came to said child by inheri¬ 
tance from the said parent, which has not been lawfully disposed of, 
shall descend to all the issue of other children of the same parent; and 
if all the said issue are in the same degree of kindred to said child, they 
shall share the said estate equally, otherwise they shall take zzzzzz^z.- 
the right of representation; 

6. Sixth, in case the intestate leaves a husband: If the intestate 
shall leave a husband or wife and no issue, nor other lineal descendants, 
nor father, mother, brother nor sister, 1 and there be no children of 
brothers or sisters, the estate of such intestate shall descend to the. 
husband or wife of such intestate, as the cast may be; 

7. Seventh, in case the intestate leaves a wife: If the intestate, 
shall leave no wife, nor husband, nor kindred, his or her estate, as the. 
case may be, shall escheat to the people of this state for the use of the. 
primary school fund. [9064.] 

Illegitimate children to inherit from mother: Every illegitimate 

child shall be considered as an heir of his mother, and shall inherit 
her estate, in like manner as if born in lawful wedlock; but shall not 
be allowed to claim, as representing his mother, any part of the estate 
of any of her kindred, either lineal or collateral [9065.] 

Estate of illegitimate child; to whom to descend: If any illegiti¬ 
mate child shall die intestate, without lawful issue, his estate shall., 
descend to his mother; if she be dead, it shall descend to the relatives 
of the intestate on the part of the mother, as if the intestate had been- 
legitimate. [9066.] 

When child to be considered legitimate; proviso: When, after 
the birth of an illegitimate child, his parents shall intermarry, or without 
such marriage, if the father shall, by writing under his hand acknowledge 



72 


MICHIGAN FARM LAWS. 


such child as his child, such child shall be considered legitimate for all 
intents and purposes: Provided, That such acknowledgment shall be 
executed and acknowledged in the same manner as may be by law pro¬ 
vided for the execution and acknowledgment of deeds of real estate, 
and be recorded in the office of the judge of probate of the county in 
which such father is at the time a resident. [9067.] 

Computation of degrees of kindred; half blood: The degrees of 
kindred shall be computed according to the rules of the civil law; and 
kindred of the half blood shall inherit equally with those of the whole 
blood in the same degree, unless the inheritance comes to the intestate 
by descent, devise, or gift of some one of his ancestors, in which case, 
all those who are not of the blood of such ancestor shall be excluded 
from such inheritance. [9068.] 

Effect of advancement: Any estate, real or personal, that may 
have been given by the intestate in his lifetime, as an advancement 
to any child or other lineal descendant, shall be considered as a part of 
the estate of the intestate, so far as it regards the division and dis¬ 
tribution thereof among his issue, and shall be taken by such child or 
other descendant towards his share' of the estate of the intestate. [9069.] 

When heir advanced, to be excluded from distribution: If the 
amount of such advancement shall exceed the share of the heir so 
advanced, he shall be excluded from any further portion, in the division 
and distribution of the estate, but he shall not be required to refund 
any part of such advancement, and if the "mount so received shall be 
less than his share, he shall be entitled to as much more as will give 
him his full share of the estate of the deceased. [9070.] 

Advancement; how estimated: If such advancement be made in 
real estate, the value thereof shall, for the purposes mentioned in the 
preceding section, be considered a part of the real estate to be divided; 
and if it be in personal estate, it shall be considered as part of the 
personal estate; and if in either case it shall exceed the share of real 
or of personal estate, respectively, that would have come to the heir so 
advanced, he shall not refund any part of it, but shall receive so much 
less out of the other part of the estate as will make his whole share 
equal to those of the other heirs who are in the same degree with 
him. [9071.] 

When gifts, etc., to be deemed advancement: All gifts and grants 
shall be' deemed to have been made in advancement, if they are ex-" 
pressed in the gift or grant to be made, or if charged in writing by the 
intestate as an advancement or acknowledged in writing as such by the 
•child or other descendant. [9072.] * 

Value of advancement; how ascertained: If the value of the es¬ 
tate so advanced shall be expressed in the conveyance, or in the charge 
thereof made by the intestate, or in the acknowledgment of the party 
receiving it, it shall be considered as of that value, in the division and 


DESCENT AND DISTRIBUTION OP PROPERTY. . 


73 


■distribution of the estate; otherwise, it shall be estimated according 
to its value when given, as nearly as the same can be ascertained. [9073.] 

In case of death of heir advanced, amount to be allowed by rep¬ 
resentatives: If any child or other lineal descendant so advanced 
shall die before the intestate, leaving issue, the advancement shall be 
taken into consideration, in the division and distribution of the estate, 
and the amount thereof shall be allowed accordingly by the representatives 
of the 1 heir so advanced, in like manner as if the advancement had been 
made directly to them. [9074.] 

Construction of this chapter: Nothing in this chapter shall affect 
the title of a husband as tenant by the curtesy, nor that of a widow as 
tenant in dower, nor shall the same affect any limitation of an estate 
by deed or will. [9075.] 

Inheritance, etc., by right of representation: Inheritance or suc¬ 
cession, “by right of representation,” takes place when the descendant of 
any deceased heir take the same share or right in the estate of another 
person that their parent would have taken if living. Posthumous children 
are considered as living at the death of their parents. [9076.] 

Real estate to descend to adopted children: Whenever any per¬ 
son heretofore or hereafter adopted by any person or persons, with 
intent to make such person an heir at law of the person or persons, 
adopting the same* shall .die intestate, leaving no issue, any real estate 
possessed by such person at the time of his or her decease, which has. 
come to such person from or through such adopting parent or parents, 
shall descend to the persons and in the same manner as though such 
person had been the natural child of the person or persons from or 
through whom such estate shall have come as aforesaid. [9077.] 

II. Sale of Lands to Pay Debts of Deceased. 

When executor or administrator may sell real estate of deceased 
person; proviso as to interest of widow: When the personal estate 
of any deceased person in the hands of his executor or administrator 
shall be insufficient to pay all his debts with the charges of administering 
his estate, or whenever it shall be made to appear to the probate court 
that it is necessary for the preservation of the estate, or to prevent a 
sacrifice thereof, or for the best interest of all concerned therein, his 
executor or administrator may sell his real estate for that purpose upon 
obtaining a license therefor, and proceeding therein in the manner here¬ 
inafter provided: Provided, however, That the widow, in case any 
there be, shall not be entitled to a greater interest in the estate than 
she would have received had such real estate been distributed instead of 
being sold. [9078.] 

Petition to be presented; what to be set forth: In order to ob¬ 
tain such license, the executor or administrator shall present a petition 
to the probate court from which he received his appointment, setting 


74 


MICHIGAN FARM LAWS. 


forth the amount of personal estate that has come to his hands, and 
how much thereof, if any, remains undisposed of; the debts outstanding 
against the deceased, as far as the same can be ascertained; a de¬ 
scription of all the real estate of which the testator or intestate died 
seized, and the condition and value of the respective portions or lots; 
which petition shall be verified by the oath of the party presenting the 
same. [9079.] 

Proceedings when personal estate is insufficient to pay debts; duty 
of judge of probate: If it shall appear by such petition that there 
is not sufficient personal estate in the hands of the executor or adminis¬ 
trator to pay the debts outstanding against the deceased, and the expense 
of administration, and that it' is necessary to sell the whole or some 
portion of the real estate for the payment of such debts, the judge of 
probate shall thereupon make an order directing all persons interested in 
the estate to appear .before him at a time and place therein to be specified, 
not less than three weeks and not more than eight weeks from the time 
of making such order, to show cause why a license should not be granted 
to the executor or administrator applying therefor, to sell so much of 
the real estate of the deceased as shall be necessary to pay such debts. 
[9080.] 

II. Distribution of Personal Property. 

Application and distribution of estates. When any person shall 
die possessed of any personal estate, or of any right or interest therein 
not lawfully disposed of by his last will, the same shall be applied and 
distributed as follows: 

1. Widows: The widow, if any, shall be allowed all her articles 
of apparel and ornaments, and all wearing apparel and ornaments of the 
deceased, and the household furniture of the deceased, and other per¬ 
sonal property, to be selected by her, not exceeding in value two hundred 
dollars, and the allowance shall be made as well when the widow waives 
the provision made for her in the will of her husband as when he 
dies intestate. 

2. Family during settlement of estate: The widow and children 
constituting the family of the deceased shall have such reasonable al¬ 
lowance out of the personal estate and the income of the real estate 
as the probate court shall judge necessary for their maintenance dur¬ 
ing the progress of the settlement of the estate, according to their 
circumstances, which, in case of an insolvent estate, shall not be longer 
than one year after granting administration nor for any time after the 
dower and personal estate shall be assigned to the widow. 

3. Children under ten years without mother: When a person 
shall die leaving children under ten years of age, having no 
mother, or when the mother shall die before the children shall have 
arrived at the age of ten years, an allowance shall be made for the 
necessary maintenance of such children until they Shall arrive at the 




DESCENT AND DISTRIBUTION OF PROPERTY. 


75 


age of ten years, out of such part of the personal estate and the in¬ 
come of the real estate as would have been assigned to the mother if she 
had been living. 

4. Widow, and children under ten: If, on the return of the in¬ 
ventory pf any intestate estate, it shall appear that the value of the 
whole estate does not exceed the sum of one hundred fifty dollars over 
and above the allowance above provided, the probate court may, by a 
decree for that purpose, assign for the use and support of the widow and 
children of such intestate, or for the support of the children under ten 
years of age if there be no widow, the whole of such estate, after the 
payment of the funeral charges and expenses of administration. 

5. Payment of debts, etc.: If the personal estate shall amount 
to more than one hundred fifty dollars, and more than the allowance 
mentioned in the preceding subdivision of this section, the same shall be 
applied to the payment of the debts of the deceased, with the charges 
of his funeral and of settling his estate. 

6. Distribution of residue of: Tne residue, if any, of the per¬ 
sonal estate shall be distributed as follows: One-third thereof to the 
widow of the deceased, and the remaining two-thirds to his children, 
or the issue of any deceased child or children, if any there be, by 
right of representation, except that if there be but one child, or the 
issue of such child living, then to the widow one-half of such residue 
and to such child, or the issue thereof, the other half, and if there 
be no widow nor child of the intestate living at his death, his estate 
shall be distributed to all his lineal descendants, and if all such de¬ 
scendants are in the same degree of kindred to the intestate, they shall 
share the estate equally, otherwise they shall take by right of repre¬ 
sentation. In case the deceased shall leave a widow and no children, or 
the issue of any deceased child him surviving, then such residue, if 
it shall not exceed the sum of three thousand dollars, shall go to such 
widow, and if it exceed the sum of three thousand dollars such excess 
shall be distributed, one-half to such widow and the other half to 
the father and mother of the deceased, if living, in equal shares; if either 
parent be deceased, such share shall go to the survivor, and if both 
parents be deceased, such share shall be distributed equally to. the brothers 
and sisters and the children of any deceased brother or sister by right of 
representation. And if there shall be neither father nor mother, nor 
brother nor sister, nor children of such brother or sister surviving, then 
such residue shall go to the widow. In any other case' the residue, if 
any, of the personal estate shall be distributed in the same proportion 
and to the same persons, and for the same purpose, as prescribed for the 
descent and disposition of the real estate. 

7. Feme covert; distribution of estate: In case any Feme covert 
shall die possessed of any personal estate, her sole property, or any right or 
interest therein, not lawfully disposed by her last will and testament, the 
same shall, after the debts of the deceased, funeral charges and expenses of 


76 


MICHIGAN FARM LAWS. 


administration art paid, be distributed as follows: One-third to the hus¬ 
band, and the remaining two-thirds to her children, or the issue of any 
deceased child or children if any there be, by right of representation, 
except that if there be but one child, or the issue of a deceased cl ild 
her surviving, then such residue shall be divided between such husband 
and such child, or the issue of such deceased child, as aforesaid, in 
equal proportions, and if there be no husband nor child of the in¬ 

testate living at her death, her estate shall be distributed to all her 
lineal descendants, and if all said descendants are in the same degree 
of kindred to the intestate, they shall share the estate equally, other¬ 
wise they shall take by right of representation. If there shall be no 
child, or issue of any dectased child her surviving, one-half of said 

. residue shall go to the husband of the deceased and the other half to 
her father and mother, if living, in equal shares. If either parent be 

deceased such share shall go to the survivor, and if both parents be 

deceased, such sljar 6 shall be distributed equally to the brothers and 
sisters and the children of any deceased brother or sister, by right of 
representation; and if there shall be neither father nor mother, nor 
brother nor sister, nor children of such brother or sister surviving, 
then such residue shall go to the surviving husband; in any other 
case the residue, if any, of the personal estate shall be distributed in 
the same proportion and to the same persons, and for the same purposes 
as prescribed for the descent and disposition of the real estate. [9322.] 

What probate court to have jurisdiction: When any person 
shall die intestate, being an inhabitant of this state, letters of administra¬ 
tion of his estate shall be granted by the probate court of the county of 
which he was an inhabitant or resident, at the time of his death; if 
such deceased person, at the time of his death, reside in any other 
state or country, leaving estate to be administered in this state, ad¬ 
ministration thereof shall be granted by the probate court of any county 
in which there shall be estate to be administered; and the administration 
first legally granted shall extend to all the estate of the deceased in 
this state, and shall exclude the jurisdiction of the probate court of 
every other county. [9323.] 

IV. Who entitled to administered estate. 

Who entitled to letters of administration: Administration of 
the estate of a person dying intestate shall be granted to some one or 
more of the persons hereinafter mentioned, and they shall be respectively 
entitled to the same in the following order: 

First, The widow, husband or next of kin, or a grantee of the 
interest of one or more of them, or such of them as the judge of pro¬ 
bate may think proper, or such person or persons as the widow, hus¬ 
band, next of kin or grantee may request to have appointed, if suitable 
and competent to discharge the trust; 


DESCENT AND DISTRIBUTION OF PROPERTY. 


77 


Second, If the widow, husband, next of kin or grantee, or the 
person selected by them shall be unsuitable or incompetent, or if the 
widow, husband, next of kin or grantee shall neglect for thirty days 
after the death of the intestate to apply for administration, or to re¬ 
quest that administration be granted to some other person, the same 
may be granted to one or more of the principal creditors, if any such 
are competent and willing to take it. 

Third, If there be no such creditor competent and willing to take 
administration, the same may be committed to such other person or 
persons as the judge of probate may think proper. 1.9324.] 


CHAPTER 7. 
Dower and Curtesy, 


I. Dower. 

Widow entitled to dower: The widow of every deceased person 
shall be entitled to dower, or the use, during her natural life of one- 
third part of all the lands whereof her husband was seized of an estate 
of inheritance, at any time during the marriage, unless she is lawfully 
barred thereof. [8918.] 

Dower in case of exchange of land by husband: If a husband 
seized of an estate of inheritance in lands exchange them for other lands, 
his widow shall not have dower of both, but shall make her election to 
be endowed of the lands given, or of those taken in exchange; and if 
such election be not evinced by the commencement of proceedings to 
recover her dower of the lands given in exchange, • within one year after 
the death of her husband, she shall be deemed to have elected to take her 
dower of the lands received in exchange. [8919.] 

Mortgaged land: When a person seized of an estate of inherit¬ 
ance in lands shall have executed a mortgage of such real estate before 
marriage, his widow shall be' entitled to dower out of the lands mort¬ 
gaged, as against every person except the mortgagee, and those claim¬ 
ing under him. [8920.] 

Mortgage to secure purchase money: When a husband shall 
purchase lands during coverture, and shall at the same time mortgage his 
estate in such lands to secure the payment of the purchase money, his 
widow shall not be entitled to dower out of such lands, as against 
the mortgagee, or those claiming under him, although she shall not 
have united in such mortgage, but she shall ^e entitled to her dower 
as against all other persons. [8921.] 

When widow entitled to interest after sale on mortgage: Where, 
in either of the cases mentioned in the two last preceding sections, or 
in case of a mortgage in which she shall have joined with her husband, 
the mortgagee, or those claiming under him, shall, after the death of 
the husband, cause the mortgaged premises to be sold by virtue of such 
mortgage, and any surplus shall remain after payment of the moneys due 
thereon, and the costs and charges of the sale, such widow shall be 
■entitled to the interest or income of one-third part of such surplus, for 
her life, as dower. [8922.] 

When widow entitled to residue after deducting amount paid on 
mortgage: If, in either of the cases above specified, the heir, or other 

78 


1 




DOWER AND CURTESY. 


79 


person claiming under the husband, shall pay and satisfy the mortgage, 
the amount so paid shall be deducted from the value of the land, and 
the widow shall have set out to her, for her dower in the mortgaged 
lands, the value of one-third of the residue after such deduction. [8923.] 

Dower in lands aliened by husband; how estimated: When a 
widow shall be entitled to dower out of any lands which shall have 
been aliened by the hus/W.nd in his lifetime, and such lands shall have 
been enhanced in value after the alienation, such lands shall be estimated, 
in setting out the widow’s dower, according to their value at the time 
when they were so aliened. [8924.] 

When dower may be assigned by probate court: When a widow 
is entitled to dower in lands of which her husband died seized, and 
her right to dower is not disputed by the heirs or devisees, or any 
person claiming under them, or either of them, it may be assigned 
to her, in whatever counties the lands may lie, by the judge of probate 
for the county in which the estate of the husband is settled, upon 
application of the widow or any person interested in the lands; notice 
of which application shall be given to such heirs, devisees or other 
persons, in such manner as the judge of probate shall direct. [8925.] 

Warrant for assignment of dower: For the purpose of assigning 
such dower, the judge of probate shall issue his warrant to three discreet 
and disinterested persons, authorizing and requiring them to set off the 
dower by metes and bounds, when it can be done without injury to 
the whole estate. [8926.] 

Commissioners to be sworn etc.; recording assignment; costs: 

The commissioners shall be sworn before a judge or justice of the 
peace to the faithful discharge of their duties, and shall, as soon as 
may be, set off the dower according to the command of such warrant, 
and make return of their doings, with an account of their charges and 
expenses, in writing, to the probate court; and the same being accepted 
and recorded, and an attested copy thereof recorded in the office of 
the register of deeds of the county where the lands are situated, the 
dower shall remain fixed and certain, unless such confirmation be set 
aside or reversed on appeal; and one-half of the cost of such pro¬ 
ceedings shall be paid by the widow, and the other half by the adverse 
party. [8927.] 

When estate consists of mill, etc., how dower assigned: When 
the estate out of which dower is to be assigned, consists of a mill, or 
other tenement which cannot be divided without damage to the whole, 
and in all cases where the estate cannot be divided by metes and bounds, 
the dower may be assigned of the rents, issues ^nd profits thereof, to be 
had and received by the widow as a tenant in common with the other 
owners of the' estate. [8928.] 

When widow may occupy with heirs: When a widow is entitled 
to dower in the lands of which her husband died seized, she may 
continue to occupy the same with the children or other heirs of the 


80 


MICHIGAN FARM LAWS. 


deceased, or may receive one-third part of the rents, issues and profits 
thereof so long as the heirs or others interested do not object, without 
having the dower assigned. [8929.] 

How dower may be barred: A married woman residing within 
this state may bar her right of dower in any estate conveyed by her 
husband or by his guardian, if he be under guardianship, by joining: 
in the deed of conveyance and acknowledging the same as prescribed in 
the preceding chapter, or by joining with her husband in a subsequent: 
deed, acknowledged in like manner; or by deed executed by the wife 
alone to one who has theretofore acquired and then holds the husband’s 
title, provided the intent to bar her right of dower shall be expressed 
in said deed. [8930.] 

Same subject: A woman may also be barred of her dower in all 
the lands of her husband, by a jointure settled on her with her assent 
before the marriage, provided such, jointure consists of a freehold estate 
in lands for the life of the wife at least, to take effect in possession 
or profit immediately on the death of her husband. [8931, ] 

Same subject: Such assent shall be expressed, if the woman bo* 
of full age, by her becoming a party to the conveyance by which it is 
settled, and if she be-under age. by her joining with her father or guardian 
in such conveyance. [8932:] 

Same subject: Any pecuniary provision that- shall be made for 
the benefit of an intended* wife, and in lieu of dower, shall, if assented 
to, as provided in the preceding section, bar her right of dower in all 
the lands of her husband. [8933.] 

Election in case of jointure: If any such jointure or pecuniary 
provisions be made before marriage, and without the assent of the in¬ 
tended wife, or if it be made after marriage, she shall make her 
election after the death Of her husband, whether she will take such 
jointure or pecuniary provisions, or be endowed of the lands of her 
husband; but she shall not be entitled to both. [8934.] 

Election in case of provision by will: If any lands be devised to 
a woman, or other provision be made'for her "in the will of her husband, 
she shall make her election whether she will take the lands so devised, 
or the provision so made, or whether she will be endowed of the lands 
of her husband; but she shall not be entitled to both, unless it plainly 
appears by the will to have-been so intended by the testator. [8935.] 

When widow deemed to have elected, to take jointure, etc: 
When a widow shall be entitled to an election under either of the two 
last preceding sections, she shall be deemed to have elected to take such 
jointure, devise or .other provision, unless, within one year after the 
death of her husband, she shall commence proceedings for the assign¬ 
ment or recovery of her dower. [8936.] 

When widow to be endowed anew: If a woman is lawfully evict¬ 
ed of lands assigned to her as dower, or settled upon her as jointure, 
or is deprived of the provision made for her by will or otherwise, in 


DOWER AND CURTESY. 


81 


lieu of dower, she may be endowed anew, in like manner as if such 
assignment, jointure, or other provision, had not been made. [8937.] 

Woman being an alien, or residing out of state, to have dower: 
A woman being an alien, shall not on that account be barred of her 
dower, and any woman residing out of the state shall be entitled to 
dower of the lands of her deceased husband, lying in this state, of which 
her husband died seized, and the same may be assigned to her, or 
recovered by her, in like manner as if she and her deceased husband 
had been residents within the state at the time of his death. [8938.] • 

Woman not to commit waste; to keep houses, etc., in repair: No 
woman, who shall be endowed of any lands, shall commit or suffer any 
waste on the same; but every woman so endowed shall maintain the 
houses and tenements, with the fences and appurtenances in good repair, 
and shall be liable to the person having the next immediate estate of 
inheritance therein for all damages occasioned by any waste committed 
or suffered by her. [8939.] 

How long widow may remain in dwelling house and have sus¬ 
tenance: A widow may remain in the dwelling house of her husband 
one year after his death, without being chargeable with rent therefor, 
and shall have her reasonable sustenance out of his estate for one 
year. [8940.] 

When to recover damages: Whenever, in any action brought for 
the purpose, a window shall recover her dower in lands of which her 
husband shall have died seized, she shall be entitled also to recover 
damages for the withholding of such dower. [8941.] 

Measure of damages, etc.: Such damages shall be one-third part 
of the annual value of the mesne profits of the lands in which she 
shall so recover her dower, to be estimated in a suit against the heirs 

of her husband, from the time of his death; and in suits against other 

persons from the time of her demanding her dower of such persons. 
[8942.] 

Not on improvements: Such damages shall not be estimated for 
the use of any permanent improvements made after the death of her 

husband by his heirs, or by any other person claiming title to such 

lands. [8943.] 

Damages against heir alienating land, etc: When a widow shall 
recover her dower in any lands alienated by the heir of her husband, 
she shall be entitled to recover of such heir, in an action on the case, 
her damages for withholding such dower, from the time of the death 
of her husband to the time of the alienation by the heir, not exceeding 
six years in the whole; and the amount which she shall be entitled to 
recover from such heir, shall be deducted from the amount she would 
otherwise be entitled to recover from such grantee, and any amount 
recovered as damages from such grantee, shall be deducted from the 
she would otherwise be entitled to recover from such heir. [8944.] 

6 M F u 


sum 


82 


MICHIGAN FARM LAWS. 


Claim, when barred by assignment of dower: When the widow 
shall have accepted an assignment of dower, in satisfaction of her 
claim upon all the lands of her husband, it shall be a bar to any further 
claim of dower against the heir of such husband, or any grantee 
of such heir, or any grantee of such husband, unless such widow shall 
have been lawfully evicted of the lands so assigned to her as afore¬ 
said. [8945.] 

Collusive recovery not to prejudice infant heirs, etc.: When a 
widow not having right to dower, shall, during the infancy of the heirs 
of the husband, or any of them, or of any person entitled to the lands, 
recover dower by the default or collusion of the guardian of such in¬ 
fant heir or other person, such heir or other person so entitled shall not 
be prejudiced thereby, but when he comes of full age, he shall have an 
action against such widow, to recover the lands so wrongfully awarded 
for dower. [8946.] 

Note: Sections 8947 to 8952 inclusive, provide, for bar of dower in insane, 
Imbecile or idiotic women. 


When money may be awarded in lieu of dower: In any suit here¬ 
after to be commenced by any widow for the recovery of dower in 
lands, which were aliened by her husband in his lifetime, and where 
dower cannot be assigned therein by metes and bounds without in¬ 
justice dr manifest injury to the widow, or to the owner or owners, 
or person -or persons in possession thereof, or some one of them, the 
‘court having cognizance of the matter may award and adjudge a'sum 
of money in lieu of dower to be paid to the widow, or may assign to her, 
as tenant in common, a just proportion of the rents, issues and profits of 
said lands, regard being had in all cases to the true value of the lands 
at the time of such alienation by the husband, and of the probable 
duration of the life of the doweress, at the time such sum of money 
shall be adjudged, or such rents, issues and profits shall be assigned- to 
her. [8953.] 

When dower claimed by two or more widows, who first entitled: 

Where dower in any lands may be claimed by two or more widows, the 
one whose husband was first seized therein shall be first entitled thereto; 
and in all cases where dower in any land shall have been assigned, or 
where it shall appear that the owner or owners, or person or persons 
having an interest therein, shall have made full satisfaction to. and has 
obtained a discharge from the person recovering or having a prior 
right to dower therein, by reason of the prior seizen of her husband, 
the said land shall not be subject to any other claim for dower during 
the. lifetime of the person so recovering, or who has received satis¬ 
faction and given a discharge as aforesaid. [8954.] 



DOWER AI^D CURTESY. 


83 


II. Curtesy. 

When husband to hold as tenant by the curtesy: When any man 
and his wife shall be seized in her right of any estate of inheritance 
in lands, the husband shall, on the death .of his wife, hold the lands 
for his life, as tenant thereof by the curtesy: Provided, That if the 
wife, at her death, shall leave issue by any former husband, to whom the 
estate might descend, such issue shall take the same, discharged from the 
right of the surviving husband to hold the same as tenant by the curtesy. 
18955.] 


CHAPTER S 


i 


Drainage. 

(Ditch Laws.) 

I. Drains, generally. 

II. Locating drain and application therefor. 

III. Construction of drains. 

IV. Assessment of cost of construction. 

V. Levy and collection of drain taxes. 

VI. Drains traversing more than one county. 

VII. Drainage of state swamp lands. 

VIII. Cleaning, deepening and widening drain. 

IX. Vacation of drain. 

X. Miscellaneous. 

Establishment and cleaning out of drains and water courses: 

Drains may be located, established, constructed and maintained, and 
drains and water courses may be cleaned out, straightened, widened, 
deepened and extended, whenever the same shall be conducive to the 
public health, convenience or welfare. [4308.] 

Meaning of word “drain”: The word “drain” whenever used in 
this act shall be deemed to include any water course or ditch, opened 
or proposed to be opened and improved for the purpose of drainage, and 
any artificial ditch or drain, levee, dyke or barrier, or tile drain proposed 
or constructed for such purpose. [4309.] 

Note: Sections 4310 to 4318 inclusive, relate to appointment of drain com¬ 
missioner and his duties. 

II. Locating Drain and Application Therefor. 

Locating, extending, straightening, deepening, or widening drain; 
application; proceedings, cost, etc : Before the commissioner takes 
any action toward locating, establishing or extending any drain, there 
shall be filed with him an application signed by not less than one-third 
of the freeholders whose lands are traversed by said drain. The eligibility 
of the signers to such application shall be determined by their interest 
of record, either in the office of the register of deeds,, in the probate 
court or in the circuit court or circuit court in chancery of the county 
in which such lands are situated, at.the time such petition is filed. It 
shall only be necessary that such application be signed by one-third 
of the freeholders whose lands are traversed by said drain. Such appli¬ 
cants shall be jointly and severally liable for all costs and expenses in 
case the county drain commissioner upon examination or upon examina- 

84 



DRAINAGE. 


85 


tion and survey shall determine that the same is unnecessary or imprac¬ 
ticable or in case the proceedings shall be dismissed for other cause. If 
the persons signing such application shall refuse to pay such costs and 
expenses the county drain commissioner shall bring suit in a court of 
competent jurisdiction, and collect such costs and expenses with costs of 
suits. If, upon the presentation of such application, the county drain 
commissioner shall deem the financial responsibility of the applicants 
insufficient, he shall have the right to return such application for addi¬ 
tional signatures. [4319, as amended by Public Act No. 320 approved 
June 2, 1909.] 

Route for proposed drain: Upon the filing of such application, 
the county drain commissioner authorized to act thereon shall as soon 
as practicable thereafter notify the township clerk or clerks of the town¬ 
ship or townships through which the proposed drain passes of the filing 
of such petition, giving a copy or copies thereof. Upon the receipt of 
such notice or notices it shall be the duty of the clerk or clerks so 
notified to call a meeting or joint meeting of the township board or 
boards, as the case may be, giving notice of the time and place of such 
meeting and causing a notice of such meeting to be published for not 
less than one week in a newspaper published and in general circulation 
in the county. At the time and place fixed in said notice the township 
board or boards shall meet, and if more than one township be affected, 
then the board shall meet in joint session to determine the necessity of 
said drain and whether the same is necessary and conducive to public 
health, convenience and welfare. At such meeting all persons owning 
lands liable to assessments for benefits, or whose lands would be crossed 
by said drain, may appear for or against said drain proceedings. After 
hearing the evidence so offered as herein provided by all persons ap¬ 
pearing for or against the drain proceeding, the board or boards, as 
the case may be, shall make their determination upon the necessity of 
said drain and whether the same is necessary and conducive to public 
health, convenience and welfare. If the board or boards shall find by a 
majority vote that the said drain is not necessary or conducive to the pub¬ 
lic health, convenience and welfare, they shall dismiss the petition and no 
further petition for said drain shall be legal if made within one year 
after such determination. If said board or boards by a majority vote 
shall find said drain so proposed to be necessary and conducive to the 
public health, convenience and welfare, they shall make their order to 
that effect and file the same with the said county drain commissioner. 
* * * Said commissioner shall, as a means of determining the prac¬ 
ticability thereof, make a survey and measurement of the line of the 
proposed drain, or cause the same to be made by a competent surveyor. 
If upon such survey he shall find such drain to be practicable he shall 
within ninety days make his first order of determination in writing in 
accordance therewith, therein particularly naming such drain, / by which 
it shall thereafter be known, and shall establish the commencement, route 
and terminus of such drain, and the width, length and depth thereof, and 
shall set survey or grade stakes not more than eight rods apart. For 


86 


MICHIGAN FARM LAWS. 


such purposes he shall have the right to enter upon any such lands 
traversed by the route of the proposed drain or otherwise connected 
with the purpose of the proceeding. In locating such drain the county 
drain commissioner shall not be limited or confined to the precise start¬ 
ing point, route or terminus set forth in the application. The record 
or minutes of the survey shall show the line and route of the drain, 
the point where the line of the drain crosses the boundary lines of each 
owner’s land and the length thereof upon his land and the width of 
surface excavation that will be required in its construction, and shall 
also show by words or letters and figures the width of ground that will 
be required for the disposition of earth, and every release of right of 
way shall be deemed to include the extreme with thus shown. [Section 
4320 as amended by Public Act No. 118 approved May 19, 1909.] 

Owners may contract to construct drain: If at any time after 
the county drain commissioner has issued his first order establishing such 
drain and before the letting of any contract for constructing the same all 
the owners of the lands through which, or for the benefit of which such 
drain is located, shall, by themselves, their agents or attorneys, pay to the 
county, drain commissioner all the costs and expenses thus far incurred by 
him, and shall severally or jointly enter into a contract, with good and 
sufficient sureties and in such sum as the county drain commissioner may 
require, to construct so much of such drain, and on such route, and of 
such dimensions as the said commissioner may, in such contract, deter¬ 
mine, and to pay all expenses necessary to be incurred in the construction 
of the same, then the county drain commissioner may so contract with 
such owner or owners, and such drain, when so finished and accepted, 
shall be certified by the county drain commissioner as a drain lawfully 
constructed in pursuance of the provisions of this act, and shall be re¬ 
corded in the same manner as other drains. If any of such contracts are 
not fulfilled by the time limited therein, the county drain commissioner 
shall contract with other parties for the completion of the work, and the 
parties so in default, and their sureties, shall be liable for all costs and 
expenses attending such default. [4321.] 

Condemnation proceedings: If within twenty days after the 
making of such first order of determination, all the persons through 
whose lands the proposed drain is to pass shall not have executed a 
release of the right of way, and all damages on account thereof, the 
county drain commissioner shall, as soon as practicable, make applica¬ 
tion to the probate court of the county in which such lands are situated, 
for the appointment of three disinterested special commissioners, who 
shall be resident freeholders of the county, but not of the township or 
townships* traversed by such drain, to determine the necessity therefor, 
and for the taking of private property for the use and benefit of the 
public, for the purpose thereof, and the just compensation to be made 
therefor. ***** [ 4322 .] 

Note: The balance of Section 4322 and all secfions to and including Section 
4332 relate to condemnation proceedings in probate court when owner of land refuses 
to execute a release of the right of way for drain. 

Sections 4334 and 4335 relate to drain- running across roadbed of railroad. 


DRAINAGE. 


87 


Proceedings when drains to be laid in highway: Drains may be 
laid along and within the limits of or across any public highway: Pro¬ 
vided, That when it is proposed to construct a drain in whole or in 
part along a public highway, the owners of the land abutting on the side 
of the highway along which such drain is proposed to be laid, shall be 
considered as still owning the fee of such land, and it shall be necessary 
for the county drain commissioner to obtain from them severally a release 
of their rights to so much of said highway as is necessary and proposed 
to be taken for the right of way of said drain, and for all damages on 
account thereof. In case such release is not executed within the time 
prescribed in section four of chapter three, such release shall be ob¬ 
tained in the same manner as is provided in this act for obtaining private 
lands. [4336.] 

How cost of certain bridges to be charged: When any drain 
crosses a highway, the cost of constructing the necessary bridge or cul¬ 
vert shall be charged in the first instance as part of the cost of con¬ 
struction of such drain, after which such bridge or culvert shall be main¬ 
tained as part of the highwaj'-. When a drain passes along a highway, 
there shall be constructed at least one bridge or passageway across such 
drain connecting the highway with each enclosed field and with each farm 
entrance, which bridge or passageway shall also be charged in the first 
instance as a part of the construction of such drain, after which such 
bridge or passageway shall be maintained by the owner of the land. 
[4337.] 

Blind drains; when open drains may be tiled and covered: The 

county drain commissioner may order the construction of blind drains 
by the use of drain tiles or sewer pipe, when the nature of the ground 
will admit threof. When any such blind drain is to be constructed across 
any land, so that the surface of the land can be restored, the special 
commissioners in making their award of damages shall take that fact 
into account. Any person through whose land an open drain has been 
constructed, may make a written request to the county drain commis¬ 
sioner to be permitted to tile and cover with earth the whole, or any part 
thereof, that may traverse his land, and the county drain commissioner 
may grant such request, but in doing so he shall prescribe the size of the 
tile to be used. When blind drains are constructed the entrance thereto 
shall be substantially protected from drift wood and debris. [4338.] 

When drains may be laid into any lake, etc.: Drains may be laid 
or extended into or along or from any lake or other body of water sur¬ 
rounded wholly or in part by a swamp, marsh or other low lands for the 
general purpose of drainage contemplated by this act but not so as to 
impair the navigation of any navigable water. [4339.] 

III. Construction of Drains. 

Order establishing and maintaining drains: Upon the release of 
right of way and damages or upon- the determination and return of the 
special commissioners, or order of the probate court, as the case may be, 
the county drain commissioner shall make his final .order of determina- 


88 


MICHIGAN FARM LAWS. 


tion establishing the drain, a certified copy of which order, of determina¬ 
tion shall be filed with the county clerk within five days after such order 
is made. He shall include in such order a description of the several 
tracts or parcels of land to be assessed for benefits in the construction 
of such drain, which said tracts or parcels shall constitute the special 
assessment district for that purpose, to be known and designated in such 
order by the name of the drain. He shall thereupon, without delay, 
proceed to divide the route thereof into convenient sections for the let¬ 
ting of the work, and shall mark the depth of cutting on each grade stake, 
from stake to stake, along the whole length of such drain. He shall 
also mark on each section stake the number of each section of division 
from the lower end of said drain, and the length in feet or rods which 
each section contains, and shall make a diagram corresponding with the 
divisions so made, and shall file the same with the other papers in 
his office pertaining to said drain. He shall give not less than ten days’ 
notice of the time and place of letting, by serving personal notice on every 
person whose lands are affected by such assessment and who resides in 
the township or townships traversed by said drain, which notice shall be 
served in the same manner as provided in section six of chapter three for 
the personal service of citations, and by posting said notice in five public 
places in each township traversed by said drain, and by causing a 
notice thereof to be published, not less than two insertions, in one or 
more weekly newspapers published and of general circulation in the 
county. Such notice shall contain a description of the several tracts or 
parcels of lands constituting the special assessment district of such 
drain, as above provided, and it shall also state that at the time and place 
of such'letting, or at such other time and place thereafter to which the 
county drain commissioner may adjourn the same, the assessments for 
benefits and the lands comprised within the special assessment district 
shall be subject to review for at least one day; such review shall be held 
open from nine o’clock in the forenoon until five o’clock in the afternoon. 
On such reviews the supervisor or commissioner of highways of any 
township may appear on behalf of such township. At such review the 
county drain commissioner shall hear the proofs and allegations of all 
parties in interest, and shall carefully reconsider and review the descrip¬ 
tions of land comprised within the special assessment district the several 
descriptions assessed and his assessments of benefits, and define and 
equalize the same as may seem just and equitable. [4340.] 

Who to determine when tax to be raised: At the time and place 
of letting and before receiving any bids, the county drain commissioner 
shall have the right, and it shall be his duty to determine whether the 
whole of the per cent, of taxes to be spread for benefits to lands in the 
construction of such drain shall be assessed and collected in that same 
year, or whether the same shall be divided into two or more equal 
installments, one installment to be collected in that same year, and the 
other installment or installments within three years next following. Such 
determination, however, shall be made then and there, and shall he 
publicly announced for the information of bidders; and the county drain 


DRAINAGE. 


89 


commissioner shall also then and there announce for the information of 
bidders the per cent, of tax to be assessed against any township or 
townships, and whether in his opinion it will be necessary to divide the 
amount thereof into installments as hereinafter directed: Provided, That 
the per cent, of tax determined by the county drain commissioner to be 
assessed against townships in all cases where the amount thereof shall 
not exceed a sum equal to one-half of one per cent, of the total assessed 
valuation of such township, shall be spread in the first year; and in 
case said amount shall exceed a sum equal to one-half of one per cent, 
of the total assessed valuation of such township then the same shall be 
divided into installments, so that not more than one-half of one per 
cent, of the total assessed valuation of such township shall be spread in 
the first year and a like sum shall be spread in each and every year there¬ 
after until the amount of such total tax is spread. [4341.] 

To receive bids and let contracts; security; how sections let; 
may reject bids and adjourn letting; who preferred in awarding con¬ 
tracts; to notify county surveyor; who and when to certify that 
drain is completed; when certificate filed; excavation, how left; pro¬ 
viso; further proviso: The county drain commissioner shall there¬ 
upon proceed to receive bids and let contracts for the construction 
of the sections, and make contracts with the lowest responsible bidder 
giving adequate security for the performance of the work. Such secur¬ 
ity shall cover the completion of the job in the manner and within the 
time fixed in the contract, and shall be in a sum to be fixed and deter¬ 
mined by the county drain commission. He shall first let the section 
at the outlet of the drain, and shall let each remaining section in its order 
up stream. The county drain commissioner shall reserve the right to re¬ 
ject any and all bids, and may adjourn such letting in the whole or in 
part, from time to time to such other time or place, to be by him at the 
time of such adjournment publicly announced, as shall to him seem proper, 
but not in all more than forty days from and after the time of letting first 
advertised. The parties who are assessed a tax for benefits in the con¬ 
struction of such drain, and who may be bidders for the contracts thereon, 
shall if equal bidders with other parties, be preferred in awarding such 
contracts. And it shall be the duty of the said drain commissioner, 
after having been requested in writing by two or more persons whose lands 
are liable to be assessed for benefits on such drain to notify the county 
surveyor, or other competent surveyor, of the completion of said drain, 
and the surveyor shall proceed with the drain commissioner to examine 
the same. If the county drain commissioner and surveyor, in case the 
survey was requested as above, are satisfied with the manner in which 
said work is done, the surveyor or county drain commissioner, as the 
case may be, shall certify in writing that the drain is completed in 
accordance with the original grade and specifications, which certificate 
shall be filed with the county drain commissioner and become a part of 
the records of said drain ; and it shall not be lawful for the county drain 
commissioner to issue orders on the fund of any drain exceeding two- 
thirds of the amount earned on any contract, until after acceptance of 


90 


MICHIGAN FARM LAWS. 


said work by the county drain commissioner, and the said certificate of 
the surveyor or the drain commissioner is filed by the said county drain 
commissioner. In case of any open drain the dirt excavated therefrom 
shall be placed as near as may be equal on each side and not less than 
three feet from the edges of said drain and shall not be left in piles 
more than four feet high except where the drain runs along a highway: 
Provided, That the owner of said lands may by written consent allow 
the dirt taken from said drain to be otherwise disposed of: Provided 
further, That it shall not be necessary for said drain commissioner to- 
notify the surveyor for his examination of said drain unless the entire 
cost of construction shall exceed one hundred dollars, nor in case of tile 
drain. [4342.] 

Time may be extended; forfeited contracts; reletting of; added 
costs, etc., to be collected; proviso as to giving notice to contractor 
before declaring contract forfeited: The commissioner shall have 
power to grant a reasonable extension of time for the completion of any 
contract. When any contract shall not be finished within the time speci¬ 
fied, or to which it may be extended, the count}'- drain commissioner shall 
declare such contract forfeited, and shall, within a reasonable time there¬ 
after, relet the unfinished portion thereof to the lowest responsible bidder,, 
by public letting, after not less than five days’ notice- thereof, by posting 
only, as provided for the letting in the first instance, or by private letting 
when such can be done at a price per rod for the uncompleted portion, 
thereof not exceeding the price per rod at which the job was first let; and 
he shall make contract and take security in each case as hereinbefore pro¬ 
vided. The cost of completing such part over and .above the contract 
price, if any, and the expense of notice and reletting shall be collected 
by the county drain commissioner cf the parties first contracting or of 
their bondsman, which moneys, when so collected, shall be deposited with 
the county treasurer, and placed to the credit of such drain: Provided,. 
That in no case shall the county drain commissioner declare any such, 
contract forfeited without first giving five days’ notice thereof to the 
contractor, if he can be found, and if not found then by a written notice 
left at his last place of residence, with some person of suitable age and 
discretion, who shall be informed of its contents, if such contractor have 
a known residence within the county. [4343.] 

IV. Assessment of Cost of Construction. 

Apportionment of cost of construction of drain; apportionment 
of benefits: The county drain commissioner shall apportion the per 
cent, of the cost of construction of such drain which any township trav¬ 
ersed or benefited thereby shall be liable to pay by. reason of the benefit 
to the public health, convenience or welfare, or as the means of improving 
any highway. Provided, That for these purposes there shall not be 
spread upon the tax rolls of any township or townships through which 
the drain may pass more than twenty-five per cent of the entire cost 
of said drain, unless the township highway' commissioner shall, before 
such apportionment is made, certify in writing to such drain commis- 


DRAINAGE. 


91 


sioner that, as a means of improving any highway within the township,, 
it is necessary that more than twenty-five per cent of the entire cost be 
assessed to such township, in which case the county drain commis¬ 
sioner shall determine the percentage of the entire cost to be assessed 
to such township. And he shall also apportion the per cent of benefits to 
accrue to any piece or parcel of land or right of way of any railway or 
railroad company, telegraph or telephone company, by reason of the con¬ 
struction of such drain, over and above the per cent assessed against 
such township as aforesaid, which, per cent of benefits shall be appor¬ 
tioned upon and assessed against the lands and rights of way benefited 
according to such assessment of benefits and which apportionments he 
shall announce at the time and place of letting, as provided in chapter 
four. Such assessment of per cent for benefits shall thereupon be subject 
to review and correction, and may be appealed from in the manner here¬ 
inafter provided. [4344 as amended by Public Acts Nos. 48 and 320 
passed in 1909.] 

Appeal from assessment: The owner of any land assessed may 
appeal if he feel aggrieved by the assessment made against him, and may 
make an application to the probate court for a board of review. [4345.] 

County drain commissioner to be notified of appeal; board of re¬ 
view; how appointed; time and place of meeting; review of assess¬ 
ment: The probate court upon receipt of any such application, as here¬ 
inbefore provided for, shall forthwith notify the county drain commissioner 
in writing of such appeal and shall thereupon make an order appointing 
three disinterested and competent freeholders of such county not residents' 
of the township or townships affected by said drain as members of a 
board of review. The persons so appointed, shall constitute the board of 
review. The court shall thereupon, with the concurrence of the county 
drain commissioner, immediately fix a time and place when and where 
said board of review shall meet to review said assessments, which time 
shall not be less than ten nor more than fifteen days from the date of 
filing such appeal. The county drain commissioner shall thereupon give 
notice to the persons so appointed of their appointment, and of the time 
and place of meeting, and shall give notice of such meeting by posting 
notices in at least five public places in each township affected by such 
assessment, and shall serve a like notice upon the appellant if he be a 
resident of any township affected and upon the prosecuting attorney of 
the county in all cases where the State is an interested party. Such ser¬ 
vice shall be made not less than five days before the day of hearing and 
may be made either by personal service or by causing a copy thereof to 
be left at their several places of- residence. Proof of service of notice 
of appeal shall be made by the person serving said notice and be filed in 
the office of the judge of probate. At such hearing the board of review 
shall have the r-ight and it shall be their duty to review all assessments 
made by the county drain commissioner on such drain. * * * [4346.] 

Duty of board of review; when to add lands to assessing district: 
The board of review shall proceed at the time and place specified in the 
notice to hear the proofs'and allegations of all parties in respect to the 


92 


MICHIGAN FARM LAWS. 


matter of appeal and shall thereupon proceed to view the lands benefited 
by such drain and review all the assessments made by the county drain 
commissioner on such drain, and if in their judgment there be manifest 
error or inequality in such assessments, they shall order and make such 
changes therein as they may deem just and equitable. Should the board 
of review find upon personal examination that there are lands liable to 
be assessed for the construction of said drain that are not included in the 
assessing district made by the drain commissioner, they shall add such 
lands to the assessing district of said drain and shall adjourn such review 
to'such other time or place to be by them at the time of such adjournment 
publicly announced, as shall to them seem proper, but not in all more than 
twenty days from and after the time of review first advertised and shall 
serve a notice on all such owners of lands living in the township; such 
notice shall give the time and place of said review, also the description 
of lands added to said assessing district and shall be served at least ten 
days before the adjourned day of review. Should such owners of land 
liable to an assessment be non-residents of said township, there shall be 
a personal notice served on said owners as required above or a notice 
shall be published in some weekly newspaper published in said county 
at least two insertions, giving the description or descriptions of lands 
added to said assessment district; also giving the time and place where 
said board of review shall meet. The action and decision of said board 
shall be final. The action and decision shall be reduced to writing and 
signed by a majority [of] the board making the same, and shall be deliv¬ 
ered to the county drain commissioner together with all other papers 
relating thereto. [4348.] 

Who to pay costs: In case the assessment of the county drain 
commissioner shall be sustained by (such board of review), the appellant 
shall pay the whole costs and expenses of such appeal. Such costs and 
expenses shall be ascertained and determined by the (judge of probate,) 
and if not paid the appellant shall be liable on his bond for the full 
amount of such costs in an action at law, to be brought by the county 
drain commissioner, on the bond, before any court having competent 
jurisdiction. [4349.] 

V. Levy and Collection of Drain Taxes. 

Computation of cost of drain, what to include: Within ten days 
after the letting of contracts, and in case of an appeal, then forthwith 
after such appeal shall have been decided, the county drain commissioner 
shall make a computation of the entire cost of such drain, which shall 
include all the expense of locating, establishing and constructing the same, 
including the commissioners’ fees, cost of survey, fees and expenses of 
special commissioners, or jury, and amount of contracts for construction, 
also the cost of appeal in case the assessment of benefits made by the 
county drain commissioner shall not be sustained, and all other expenses, 
and he shall add the whole into a gross sum, and add thereto five per 




DRAINAGE. 


93 


centum of said gross sum to cover contingent expenses, and the entire 
sum so ascertained shall be deemed to be the cost of construction of such 
drain. In case the drain and the assessment therefor shall affect more than 
one township or one or more townships and an incorporated city or village, 
the county drain commissioner shall apportion such sum between the 
several townships, or townships, city, village or county so affected upon 
the basis and per cent, determined upon by him as provided in section 
one of chapter five; or in case of an appeal, then as provided in section 
four of chapter five. [4354, as amended by Public Act No. 118. Ap¬ 
proved May 19, 1909.] 

Who to make special assessment roll; what to contain; by whom 
dated and signed and where filed: The county drain commissioner 
shall thereupon make a special assessment roll for such drain for each 
township, or township and city, affected thereby, which roll shall be desig¬ 
nated “(giving the name) drain special assessment roll,” and he shall enter 
therein a correct description of the tracts, parcels or subdivisions of land 
benefitted by such drain, as provided in sections one and seven of chapter 
five, and place opposite each description the amount of the per cent, here¬ 
tofore determined upon by him or by the board of review, as the case may 
be. He shall also enter thereon the amount of the per cent, apportioned 
to such township or townships and any city or village, and in case such 
amount be payable in installments as provided by section two of chapter 
four of this act, he shall enter thereon a memorandum of the install¬ 
ments thereof and of the year or years when such installments shall 
be spread; and shall add a certificate in writing of his determination made 
at the time and place of letting whether the taxes assessed for benefits 
shall be paid in one or more years. Such rolls shall be dated and signed 
by said drain commissioner and filed on or before the last Wednesday 
in September in each year, in the office of the clerk of the township or 
townships, or of any city in which such lands may be located. [4355.] 

Drain taxes; how collected: All drain taxes assessed under the 
provisions of this act shall be subject to the same interest and charges, 
and shall be collected in the same manner as state and other general 
taxes are collected, and collecting officers are hereby vested with the same 
power and authority in the collection of such taxes as are or may be 
conferred by law for collecting general taxes. In all cases where suit 
is brought against the collector arising out of the collection of any drain 
tax, the county shall defend such officer in the same manner that he has 
now the right to be defended in the collection of general taxps. No 
suit shall be instituted to recover any drain tax or money paid or property 
sold therefor, or for damages on account thereof, unless brought within 
thirty days from the time of payment of such money to, pr sale of such 
property by, the collecting officer; and if such tax shall be paid under 
protest the reasons therefor shall be specified, and the same procedure 
observed as is or may be required by the general tax law. All taxes 
levied under the provisions of this act, or of act number two hundred 
and sixty-nine of the session laws of eighteen hundred and eighty-one, 
with all lawful costs, interest and charges, shall be and remain a perpetual 


S 4 


MICHIGAN FARM LAWS. 


lien upon the lands upon which they are assessed, and a personal claim 
against the owner or owners of such lands, until they are paid. [4359.] 

Returned drain taxes: If the taxes levied for the construction, 
cleaning out, widening, deepening or extending of any drain are not 
collected by the township treasurer, they shall by him be returned, together 
witjt the lands upon which they were levied, to the county treasurer in 
the same return, at the same time, and in the same manner, in every 
respect (naming in each case the particular drain), as lands are returned 
for state, county and township taxes, and such taxes shall follow such 
lands, the same as all such other taxes, and all the general provisions of 
law now existing, or that may be hereafter enacted for enforcing the pay¬ 
ment of township, county and state taxes, shall apply to such drain taxes, 
and to the lands returned delinquent therefor, in the same manner and 
with like effect. [4360.] 

VI. Drains Traversing More than one County. 

Application: Whenever it may be desired to construct a drain 
traversing more than one county, or affecting lands lying in more than one 
county, an application therefor shall be made to the county drain com¬ 
missioner of either county traversed by the proposed drain. Such appli¬ 
cation shall be subject to the same conditions and the applicants to the 
same obligations and liabilities as in other drain under this act. [4371.] 

Joint action of commissioners: If upon examination the county 
drain commissioner shall deem the same to be necessary and for the 
good of the public health, convenience or welfare, he shall, as soon as 
practicable thereafter, fix a time and place of meeting and notify the 
county drain commissioner or commissioners of such other county or 
counties to that effect, and furnish him or each of them with a certified 
copy of such application. Such county drain commission or commis¬ 
sioners shall, at the time and place fixed as above, meet with the county 
drain commissioner having the original application, and they shall there¬ 
upon and thereafter jointly take all steps, and perform all acts, and sign 
all papers, as county drain commissioners are required to do singly in 
the case of other drains, including the application to the probate court. 
[4372.] 

VII. Drainage of State Swamp Lands. 

State swamp land drains to be under control of county com¬ 
missioners: All drains in any organized county of this state which 
have been constructed therein partly or wholly by aid of state swamp 
lands, or under authority of the board of control having charge of the 
drainage and reclamation of swamp lands by means of state roads and 
ditches, shall hereafter be under control of the county drain commissioner 
of the county or counties where said drain is situated, and may be cleaned 
out, widened, deepened, extended or relaid by said drain commissioner, 
upon like petition as is required by section one of chapter eight of this act. 


DRAINAGE. 


95 


VIII. Cleaning, Deepening or Widening Drain. 

Cleaning out, deepening or widening drain; provisions as to 
natural watercourse, navigable river, etc.:. Whenever a drain, or 
any portion thereof needs cleaning out, one-fourth of the freeholders 
whose lands are traversed by said drain liable to an assessment for 
benefits on account of the proposed improvement, may make application 
in writing to the county drain commissioner of the county in which such 
drain is located and the lands to be affected thereby are situated, setting 
forth the necessity of such proposed work, and the county drain com¬ 
missioner shall, as soon as practicable thereafter, notify the township 
clerk or clerks of the township or townships through which the said 
drain passes, of the filing of such petition, giving a copy or copies thereof. 
Upon the receipt of such notice or notices, it shall be the duty of the 
clerk or clerks so notified to call a meeting or joint meeting of the town¬ 
ship board or boards, as the case may be, giving notice of the time and 
place of .such meeting and causing a. notice of such meeting to be pub¬ 
lished f6r not less than one week in a newspaper published and in 
general circulation in the county. At the time and place fixed in said 
notice, the township board or boards shall meet, and if more than one 
township is affected, then the boards shall meet in joint session to deter¬ 
mine the necessity of the proposed work. At such meeting all persons 
owning lands liable to an assessment for benefits, or whose lands are 
crossed by said drain, may appear for or against said drain proceedings. 
After hearing the evidence so offered as herein provided by all persons 
appearing for or against, the proposed work, the board or boards, as 
the case may be, shall make their determination upon the necessity of 
the said proposed work. If the board or boards shall find by a majority 
vote that the said proposed work is not necessary, they shall dismiss 
the petition and no further petition for the same purpose shall be legal 
if made within one year after such determination. If said board or 
boards by a majority vote shall find said proposed work to be necessary, 
they shall make their order to that effect and file the same with the 
said, county drain commissioner. The members of the township board 
or boards for their services under this section shall be compensated at 
the rate provided by act number ninety-eight of the Public Acts of nine¬ 
teen hundred seven, to be paid from the general fund of the township 
or townships when the proposed work is found by them to be necessary. 
In all cases in which the township board or boards find the proposed work 
to be necessary, the county drain commissioner shall, as soon as prac¬ 
ticable after the order of determination has been filed with him, go over 
the line of said drain and fix the percent of the cost of cleaning out 
that the owners of lands benefited thereby and the several townships 
at large' benefited thereby shall be assessed therefor. In case such drain 
is deepened, widened or straightened, he shall make bis first order of 
determination and take the steps thereafter to be taken as heretofore 


96 


MICHIGAN FARM LAWS. 


provided for laying out and establishing drains: Provided, That such 
assessment shall be made according to the benefits received and shall be 
subject to appeal the same as in the first instance. Drains may be cleaned 
out, deepened, widened or straightened, and for any or all such proceedings 
only one application and proceeding shall be necessary. It shall not be nec¬ 
essary for the applicants in such proceedings to further describe the drain 
or drains involved than by referring to the recorded name or names there¬ 
of, but a reference to a drain describing it by its commencement and ter¬ 
minus approximately and its general course or direction shall be suf¬ 
ficient without giving the name. In case where a water course shall 
need deepening, widening, cleaning out, straightening or extending, it 
shall be immaterial whether the application shall be to lay out and estab¬ 
lish, clean out, deepen, widen, straighten or extend, but where a right of 
way shall be necessary the county drain commissioner shall take such 
steps to obtain a right of way as hereinbefore provided. [Section 4379 
as amended by Public Act No. 320 approved June 2, 1909.] 

IX. Vacation of Drain. 

May vacate; proviso as to private rights; who to pay expenses: 

The county drain commissioner may, upon proper application as required 
in this act, and upon giving five days’ notice thereof by posting only, 
as provided for the letting in the first instance, declare any drain vacated 
and abandoned if in his judgment the same has ceased to be of public 
utility: Provided, That private rights of persons acquired by reason of 
the location and establishment of such drain shall not be interfered with, 
or in any way be impaired thereby. The party so applying shall pay all 
expenses of such vacating and abandonment. [4383.] 

X. Miscellaneous. 

Penalty for removing grade stake or obstructing drain: If any 
person shall wilfully or maliciously remove any section or grade stake 
set along the line of any drain, or obstruct or injure any drain, he shall 
be deemed guilty of a misdemeanor, and upon conviction thereof shall 
be punished by a fine not exceeding one hundred dollars, and the costs 
of prosecution, or in default of the payment thereof, by imprisonment 
in the county jail not exceeding ninety days. 

XI. Dams, Pumps, Etc. 

By the provisions of Public Act No. 69 passed 1909, established drains 
may be improved for the benefit of those whose lands were improved 
by the original construction of such drains, by the construction and 
maintenance of dams in drains and the removal of the drainage by the use 
of pumps arid other mechanical operation. 


> 


CHAPTER 9. . 

Exemption of Property from Levy and Sale on Execution. 

I. Personal property exempt. 

II. No exemption as against claim for purchase price. 

IH. Sewing Machine; when exempt. 

IV. Exemption of homestead. 

I. Personal Property Exempt. 

Personal property exempt: The following property shall be 
exempt from levy and sale under any execution^ or upon any other final 
process of court: 

First, All spinning wheels, weaving looms with the apparatus, and 
stoves put up and kept; for-use in any dwelling house; 

Second, A seat, pew or slip, occupied by such person or family, in 
any house or place of public worship; 

Third, All cemeteries, tombs and rights of burial, while in use as* 
repositories of the dead; 

Fourth, All arms and accoutrements required by law to be kept by 
any person; all wearing apparel of every person or family. 

Fifth, The library and school books of every individual and family, 
not exceeding one hundred and fifty dollars, and all family pictures; 

Sixth, To each householder, ten sheep, with their fleeces, and the 
yarn or cloth manufactured from the same; two cows, five swine, and 
provisions arid fuel for comfortable subsistence of suGh householder or 
family for six months; 

Seventh, To each householder, all household goods, furniture and 
utensils, not exceeding in value two hundred and fifty dollars; 

Eighth, The tools, implements, materials, stock, apparatus, team, 
vehicle, horses, harness or other things, to enable any person to carry 
on the profession, trade, occupation or business in which he is wholly 
or principally engaged, not exceeding in value two hundred and fifty 
dollars; The word team in this subdivision shall be constrtled to mean, 
either one yoke of oxen, a horse, or a pair of horses, as the case unay be. 

Ninth, A sufficient quantity of hay> grain, feed and roots, whether 
growing or otherwise, for properly keeping for six months the animals 
in the several subdivisions of this section exempted from execution, and 
any chattel mortgage, bill of sale, or other lien created on any part of 
property above described, except such as is mentioned in the eighth sub¬ 
division of this section, shall be void, unless such mortgage, bill of sale 
or lien be signed by the wife of the party making such mortgage or lien,, 
if we have any. [10322.] 

7 M F ly 


97 


98 


MICHIGAN FARM LAWS. 


II. No Exemption as Against Claim for Purchase Price. 

Personal property is not exempt from an execution issued upon a 
judgment rendered on a claim for the purchase money for such property. 

II. Sewing Machine — When Exempt. 

Sewing machine exempt, etc.: All sewing machines owned by 
individuals and kept for the actual use of themselves or their families, 
shall be exempt from levy and sale on execution, not exceeding one- such 
machine for each family; and any chattel mortgage, bill of sale or other 
lien created on any such sewing machine shall be void, unless such mort¬ 
gage, bill of sale or lie* be signed by the wife, if he have any, of the 
party making such mortgage, bill of sale or lien. 

IV. Exemption of Homestead. 

Exemption of homesteads; homestead defined and exempted: 

A homestead, consisting of any quantity of land not exceeding forty 
acres, and the dwelling house thereon "and its appurtenances, to be selected 
by the owner thereof, and not included in any recorded town plat or 
city or village, or instead thereof, at the option of the owner, a quantity 
of land not exceeding in amount one lotf being within a recorded town 
plat or city or village, and the dwelling house thereon and its appurte¬ 
nances, owned and occupied by any resident of this state, shall not be 
subject to forced sale on execution, or any other final process from a 
court, for any debt or debts growing out of or founded upon contract, 
either express or implied, made after the third day of July, A. D. 1848. 
This section shall be deemed and construed to exempt such homestead 
in the manner aforesaid during the time it shall be occupied by the 
widow or minor child or children of any deceased person, who was, when 
living, entitled to the benefits of this act. [10362.] 

Exception to exemption: Such exemption shall not extend to 
any mortgage thereon lawfully obtained, but such mortgage or other 
alienation of such land by the owner thereof, if a married man, shall not 
be valid without the signature of the wife to the same, unless such mort¬ 
gage shall be given to secure the payment of the purchase money or some 
portion thereof. [10363.] 



CHAPTER io. 


[ 


Fences. 

I. Partition or line fences. 

II. Fence viewers. 

III. Damage done by beast not recoverable unless lawful fence maintained. 

IV. Partition fences in villages. 

V. Fences along railroads and electric or street railways. 

VI. Malicious destruction of fence. 

VII. Maliciously throwing down fences and bars, opening gates, etc. 

I. Partition or Line Fences. 

What deemed legal fence.. All fences four and one-half feet 
high and in good repair, consisting of rails, timber, boards, wire, or 
stone walls or any combination thereof, and all brooks, rivers, ponds, 
creeks, ditches and hedges, or other things which shall be considered 
equivalent thereto, in the judgment of the fence viewers, within whose 
jurisdiction the same may be, shall be deemed legal and sufficient fences. 
[2415 as amended May 14, 1903.] 

Partition fences, how maintained: The respective occupants of 
lands enclosed with fences shall keep up and maintain partition fences 
between their own and the next adjoining enclosure, in equal shares, 
so long as both parties continue to improve the same: Provided, That 
the occupants of private ways and the occupants of the next adjoining 
enclosed lands shall keep up and maintain partition fences between such 
ways and such next adjoining lands, in equal shares, so long as such 
ways are used and such lands are improved. [2416 as amended April 
4, 1907.] 

Proceedings in case of neglect to repair or rebuild: In case 
any party shall neglect to repair or rebuild any partition fence, which 
of right he ought to maintain, the aggrieved party may complain to two 
or more fence viewers of the township, who, after due notice to each 
party, shall proceed to examine the same; and if they shall determine 
that the fence is insufficient, they shall signify the same in writing to 
the delinquent occupant of the land, and direct him to repair or rebuild 
the same within such time as they shall judge reasonable; and if such 
fence shall not be repaired or rebuilt accordingly, it shall be lawful for 
the complainant to repair or rebuild the same. [2417.] 

Remedy of complainant, etc.; duty of supervisors: When any 
deficient fence built up or repaired by any complainant, as provided 
in the preceding section, shall be adjudged sufficient by two or more' 
of the fence viewers and the value of such repairing or building up, 
together with their fees, shall be ascertained by a certificate under their. 

99 


100 


MICHIGAN FARM LAWS. 


hands, the complainant shall have a right to demand either of the occu¬ 
pant or owner of the land where the fence was deficient, the sum so- 
ascertained. And in case of neglect or refusal to pay the sum so due 
on or before the first day of the next succeeding October, after demand 
thereof is made, the sum so due shall become a lien on the said land 
and the fence views aforesaid shall report the same to the supervisor 
of the township, on or before the first day of November next thereafter, 
who shall cause the same to be spread upon the assessment roll, in a 
separate column for that purpose, opposite the description of the land 
owned or occupied by the person or persons neglecting to pay the same, 
the said tax to be collected in the same manner that other taxes are 
collected and paid over to the complainant upon the order of the town¬ 
ship board. [2418.] 

In case of controversy, fence viewers to assign: When any con¬ 
troversy shall arise about the rights of the respective occupants, in par¬ 
tition fences, or their obligation to maintain the same, either party 
may apply to two or more fence viewers of the township where the 
lands lie, who, after due notice to each party, may in writing assign to 
each his share thereof, and direct the time within which each party,■ 
shall erect or repair his share of the fence in the manner before pro¬ 
vided; which assignment, being recorded in the township clerk’s office, 
shall be binding upon the parties, and upon all the succeeding occupants 
of the lands; and they shall be obliged always thereafter to maintain 
their respective portions of said fence. [2419.] 

In case of neglect, etc., party erecting, etc., entitled to value: 
In case any party shall refuse or neglect to erect and maintain the part 
of any fence assigned to him by the fence viewers, the same may be 
erected and maintained by the aggrieved party in the manner before 
provided, and he shall be entitled to the value thereof ascertained in the 
manner aforesaid, and to be removed in like manner. [2420.] 

When occupant to pay for portion of fence assigned to him: 
When in any controversy that may arise between occupants of adjoining 
lands as to their respective rights in any partition fence it shall appear 
to the fence viewers that either of the occupants had, before any com¬ 
plaint made to them, voluntarily erected the whole fence, or more than 
his just share of the same, or otherwise become proprietor thereof, the 
other occupant shall pay for so much as may be assigned to him to 
repair or maintain, the value of which shall be ascertained and collected 
in the manner provided in this chapter. [2421.] 

Partition fences to be kept repaired: All partition fences shall 
be kept in good repair throughout the year, unless the occupants of the 
lands on both sides shall otherwise mutually agree. [2422.] 

When lands bounded or divided by river, etc., and parties dis¬ 
agree: When lands of different persons, which are required to be 
fenced, are bounded upon, or divided by, any river, brook, pond or creek* 
which of itself, in the judgment of the fence viewers, is not a sufficient. 


FENCES. 


101 


fence, and it is, in their opinion, impracticable, without unreasonably 
expense, for the partition fence to be made in such waters, in the place 
where the true boundary line is, if in such case the occupant of the 
land on the one side shall refuse or neglect to join with the occupant 
of the land on the other side in making a partition fence on the one side 
or the other, or if such persons shall disagree respecting the same, then 
two or more fence viewers of the township wherein such lands lie, on 
application to them made, shall forthwith proceed to view such river, 
brook, pond or creek. [2423.] 

Proceedings of fence viewers: If such fence viewers shall deter¬ 
mine such river, brook, pond or creek in the preceding section mentioned, 
not to answer the purpose of a sufficient fence, and that it is impracticable, 
without unreasonable expense, to build a fence on the true boundary 
line, they shall, after giving notice to the parties, determine how, or 
•on which side thereof the fence shall be set up and maintained, or whether 
partly on one side and partly on -the other side, as to them shall appear 
just, and shall reduce such determination to writing, and sign the same; 
and if either party shall refuse or neglect to make and maintain his part 
of the fence, according to the determination of the fence viewers, the 
same may be made and maintained by the other party as before provided 
in this chapter, and the delinquent party shall be subject to the same 
charges and costs, to be recovered in like manner. [2424.] 

Lands owned in severalty but occupied in common; any occu¬ 
pant may have lines divided: When any lands, belonging to different 
persons in severalty, shall have been occupied in common, without a 
partition fence between them, and one of the occupants shall be desirous 
to occupy his part in severalty, and the other occupant shall refuse 
or neglect, on demand, to divide with him the line where the fence 
ought to be built, or to build a sufficient fence on his part of the line 
when divided, the party desiring it may have the same divided and 
assigned by two or more fence viewers of the same township, in the 
manner provided in this chapter. [2425.] 

Viewers may assign time for making: Upon the division and 
assignment as provided in the preceding section the fence viewers may, 
in writing under their hands, assign a reasonable time for making the 
fence, having regard to the season of the year, and if either party shall 
not make his part of, the fence within the time so assigned, the other 
party may, after having completed his own part of the fence, make the 
part of the other, and recover the ascertained expenses thereof, together 
with the fees of the fence viewers, in the manner provided in this chapter. 
[2426.] 

When partition fence not to be removed: When one party shall 
■cease to improve, his land, or shall open his enclosure, he shall not take 
away any part of the partition fence belonging to him and adjoining 
the next enclosure, if the owner or occupant of such adjoining enclosure 
will, within two months after the same shall be ascertained, pay therefor. 


102 


MICHIGAN FARM LAWS. 


such sum as two or more fence viewers shall, in writing under their 
hands, determine to be the value of such partition fence belonging to 
such party. [2427.] 

When occupant or owner to pay one-half partition fence, etc.: 

When any unenclosed land shall be afterwards enclosed the occupant 
or owner thereof shall pay for one-half of each partition fence standing 
upon the line between his land and the enclosure of any other occupant 
or owner, and the value thereof shall be ascertained by two or more 
fence viewers of the township, in writing under their hands, in case the 
parties do not agree, and if such occupant or owner shall neglect or 
refuse for thirty days after the value has been so ascertained and demand 
made to pay for one-half of such partition fence, the same shall be 
assessed and collected, together with the costs of ascertaining the same. 
[2428.] 

When occupant or owner to pay one-half of partition fence, etc.: 

In cases where the line, upon which a partition fence is to be made, or 
to be divided, is the boundary line between townships, or partly in 
one township and partly in another, a fence viewer shall be taken from 
each township. [2429.] 

Fences running into water: Where a partition fence running 
into the water is necessary to be made, the same shall be done in equal 
shares, unless otherwise agreed by the parties, and in case either party 
shall refuse or neglect to make or maintain the share belonging to him, 
similar proceedings shall be had, as in case of other fences, and with 
the like effect. [2480.] 

Line of unimproved lands divided; who to erect fences, etc.: 

In all cases where the line, upon which a partition fence is to be built 
between unimproved lands, has been divided by the fence viewers, or by 
agreement in writing between the owners of such lands, recorded in 
the office of the clerk of the township, or of one of the townships where 
such lands lie, the several owners thereof, and their heirs and assigns 
forever, shall erect and support said fences, agreeably to such division. 
[2431.] 

Notice on determination not to improve lands: If any 

person shall determine not to improve any part of his lands adjoining 
any partition fence that may have been divided according to the pro¬ 
visions of this chapter, and shall give six months’ notice of such determ¬ 
ination to all the adjoining occupants of lands, he Shall not be required 
to keep up or support any part of such fence during the time his lands 
shall lie open and unimproved. [2432.] 

II. Fence Viewers- 

Fence viewers: The overseers of highways and the highway 
commissioner of the several townships in this state shall be fence viewers 
in their respective townships: Provided, That if in any case there shall 
not be at least two disinterested fence viewers, either of the two justices 


FENCES. 


103 


of the peace not members of the township board, or both if necessary, 
shall act as fence viewers whenever required. [2433 as amended by Pub¬ 
lic Act No. 61 approved May 5, 1909.] 

Penalty for neglect to view fence: Any fence viewer, who shall, 
when requested, unreasonably neglect to view any fence, or to perform 
any other duty required of him in this chapter, shall forfeit the sum of 
five dollars, and shall also be liable to the party injured for all damages 
consequent upon such neglect. [2434.] 

Compensation of fence viewers: Each fence viewer shall be paid 
by the person employing him, at the rate of two dollars a day for the 
time he shall be so employed; and if such, person shall neglect to pay 
the same within thirty days after the service shall have been performed, 
each fence viewer having performed any such service may recover, in an 
action of assumpsit, double the amount of such fees. [2435.] 

III. No Recovery for Damages Done by Beasts unless Lawful 

Fence Maintained. 

Damages not recoverable for trespass on lands not enclosed by 
lawful fence: No person shall be entitled to recover any sum of 
money, in any action at law, for damages done upon lands by any 
beast or beasts, unless the partition fences by which such lands are 
wholly or in part enclosed, and belonging to such person, or by him 
to be kept in repair, shall be of the same height and description as is 
Required by the provisions of section 2415 of the compiled laws. * * * 
[2436.] 

IV. Partition Fences in Villages. 

Partition fences in villages; fence viewers: The council is au¬ 
thorized to enact all such ordinances and laws as it may deem proper 
relative to the building, rebuilding, maintaining and repairing of par¬ 
tition fences by the owners and occupants of adjoining lots, enclosures 
and parcels of land in the village; and relative to the assigning to the 
owners or occupant of such adjoining pieces of land, the portion of such 
partition fences to be maintained by them respectively; and may pro-, 
vide for the recording of such assignments and • divisions when made; 
and may provide for the recovery of damages from any owner or 
occupant who shall fail to comply with the provisions and requirements 
of any ordinance relative to such partition fences. And the council 
may appoint fence viewers and prescribe their duties and mode of 
proceeding in all ca^es relating to partition fences in the village. 

V. Fences Along Railroads and Electric or Street Railways, 

a. Must be built and maintained by railroad company. 

b. Materials and manner of construction. 

c. Company’s liability for damages. 


104 


MICHIGAN FARM LAWS. 


d. Cattle guards. 

e. Farm crossings. 

f. Residence crossings. 

g. Procedure when landowner and company disagree. 

h. Penalty for violation of the law. 

i. Railroad not to be operated if not fenced under certain conditions, unless, etc. 

j. Inspection of fences and sufficiency determined by commissioner of railroads. 

Fences along railroads; cattle-guards; farm and residence cross¬ 
ings; proceedings, penalties, etc.: Every railroad company formed 
under this act or any former act, and every corporation owning or operat¬ 
ing any such railroad, shall erect and maintain in effective condition-: of 
repair, fences on each side of the right of way to their respective roads, 
as hereinafter provided. A legal railroad fence- shall not- be less than 
four and one-half feet high, and shall be made of boards and posts 
in combination as follows: The boards to be of pine or hemlock, six 
inches in width and sixteen feet in length; the posts to be of cedar, 
tamarack or oak, not less than seven feet in length and five inches 
in diameter, to be set not less than two and one-half feet in the ground 
at a distance apart not more than eight feet from center to center. 
First a board shall be nailed to the posts close to the ground; five inches 
above such first board, a second; six inches above the second, a third; 
Six inches above the third, a fourth; six inches above the fourth, a 
fifth; all to be capped with a like board securely nailed to the fifth 
board and to the posts. All the boards to be firmly nailed to the 
posts with not less than two eight or ten-penny fence nails at each 
post. Or it may be constructed of posts, boards and wire in combination 
as follows: The posts shall be of cedar, tamarack or oak, not less 
than seven feet in length and five inches in diameter, to be set not 
less than two and one-half feet in the ground at a distance apart of 
not more than eight feet from center to center. At a height of sixteen 
inches from the ground a pine or hemlock fence board six inches in 
width, and seven inches above such first pine or hemlock' board, a second 
of the same, width, both fence boards to be firmly nailed to the posts 
with two eight or ten-penny fence nails at each post. At a height of 
five inches from the ground a barbed fence-wire,, and at ten inches 
from the ground a second barbed wire; forty-four inches from the 
ground, or nine inches from the second pine or hemlock board, a third 
barbed wire; and fifty-three inches from the ground, or nine inches 
above the third barbed wire, a flat Brinkerhoof strip, or some other 
metallic strand of similar pattern; or it. may be constructed with such 
posts and set as above described and made as follows: At a height 
of four inches from the ground a barbed fence-wire; at nine inches 
from the ground a second barbed wire; at fourteen inches from the 
ground a third barbed, wire; at twenty inches from the ground a fourth 
barbed wire; at twenty-eight inches from the ground a fifth barbed 
wire; at thirty-seven inches from the ground a sixth barbed wire; 





FENCES. 


105 


at forty-eight inches from the ground a six-inch pine or hemlock fence 
hoard, capped with a six-inch pine or hemlock fence board. Such wires 
and strips to be properly strained, and the posts sufficiently braced 
wherever necessary to prevent the wires from becoming loose or sagging, 
and the wires to be securely fastened to the posts with sufficient staples. 
All inequalities of the ground under the fence to be surfaced and leveled 
so that no animals can pass under the lower strand: Provided, That 
any fence or cattle-guard which shall have the written approval and 
endorsement of the commissioner of railroads of this state and which 
fence is not less than four and one-half feet in height and is otherwise 
equal in durability, strength and sufficiency to turn animals and stock to 
the fences herein described shall be.a legal railroad fence or cattle-guard: 
Provided further, Anw railroad company that has already erected fences 
along the line of its right of way may allow the same to remain until 
otherwise ordered by the commissioner of railroads; but in such case 
said railroad company or 'corporation shall be liable for all damages 
done to animals or stock coming upon its right of way through or 
over such fence, but on the trial of any action for damages, if it shall 
be shown that the fence through or over which such animals or stock 
entered upon such right of way was four feet in height and otherwise 
equal in strength and sufficieny to turn animals or stock, to the fence 
provided for in this act, then no damages shall be recovered. Such right 
of way fences shall be provided with suitable connecting fences and 
cattle-guards at all highway and street crossings, which shaH at all 
times be kept in effective repair and sufficient to prevent stock of all 
kinds from passing upon 1 the track of the railroad at such highway or 
street crossings. Convenient farm crossings shall also be constructed 
by any such railroad corporation across the right of way and track of 
its railroad, with the necessary gates or bars therefor, as the owner or 
occupant of the premises may elect, at the sides of the right of way, 
which said gates or bars shall be of sufficient width to admit the free 
and easy transportation of all farm machinery, including harvesters or 
binders, in form as the same are usually drawn, upon the application 
of the owner or owners of land lying upon both sides of such railroad 
track, the same being inclosed by exterior fences, and being adjacent to 
such right of way. And in cases where a railroad is immediately adjacent 
to or laid upon a highway and intervenes between said highway or 
the usually traveled portion thereof and the residence buildings of real 
property fronting upon said highway, open, unobstructed residence cross¬ 
ings, suitably guarded, substantially as are provided for highway and 
street crossings, shall be provided and maintained by the railroad c@r- 
poration operating said railroad: Provided, The same shall be so ordered 
by the railroad commissioner. ' And in case of disagreement between 
the owner of any such land and the railroad corporations as to the 
necessity for, location of, or character of farm crossing, or such residence 
crossing so applied for, or as to the plan or construction of the gate or 


106 


MICHIGAN FARM LAWS. 


guards as herein provided, then either party may present the matter in 
dispute to the commissioner of railroads, who may proceed to investigate 
the same as soon as may be and render his decision thereon, which 
shall be- final and binding upon the parties respectively, and such farm 
crossings and such residence crossings shall be constructed within the 
time prescribed by the said commissioner of railroads under a penalty 
•of ten dollars for each and every day that such complete construction 
of the farm crossing or residence crossing shall be delayed beyond the 
expiration of the time fixed for its completion by the said commissioner 
of railroads. And such railroad corporation shall also be liable to the 
owner or occupant of said adjacent lands for all actual damages resulting 
from its failure to construct and maintain and properly guard such open 
and unobstructed way as herein provided for such residence crossings. 
And until such crossings, fences and cattle-guards as hereinbefore pro¬ 
vided for shall be duly constructed, the company or corporation owning 
or operating such road shall be liable for all damages done to cattle or 
other animals thereon which m&y result from the neglect of such com¬ 
pany or corporation maintaining or operating such road to construct 
and maintain in repair such crossings, fences and cattle-guards as afore¬ 
said, to be recovered by the owner of such cattle or other animals in 
a civil action before any court of competent jurisdiction, and after such 
company or corporation shall have constructed such crossings, fences 
and cattle-guards as hereinbefore provided, and while they shall continue 
to maintain the same in good and sufficient repair, it shall not be liable 
for any such damages as aforesaid, unless negligently or willfully done. 
And every such company or corporation owning or operating any such 
railroad shall, within three months from the time any section or portion 
of such road is finished and put in general use by running regular trains 
thereon, and in the case of-any roads now in use from the time this 
act shall take effect, erect and maintain the crossings, fences and cattle- 
guards as herein provided. Any violation of the provisions of this 
section on the part of any railroad corporation owning or operating 
any railroad in this state, by failure or neglect to construct and main¬ 
tain crossings, fences and cattle-guards as herein required, shall be pun¬ 
ished by a penalty of twenty-five dollars per d^y for each and every 
day that such neglect or failure shall continue: Provided, That if such 
fences and cattle-guards shall not be built as aforesaid along such por¬ 
tions of any line of road as is or may be constructed north of a line 
extending due west from the mouth of the Saginaw river, the corporation 
or company owning or operating any such line of road shall not be liable 
to the said penalty unless such fence or cattle-guards shall be ordered 
by the commissioner of railroads, but shall be liable to all the other 
provisions of this section; and if any person shall ride, lead, or drive, 
or intentionally permit any horse or other animal upon such road and 
within such fences or cattle-guards other than farm crossings or residence 
crossings, or shall injure or destroy, or make openings or passages through 


FENCES. 


107 


or over such fences or cattle-guards, or neglect to close any gates or 
bars, immediately after passing through the same, without the consent of 
such company or corporation, he shall, for every such offense, be liable to 
a fine not exceeding one hundred dollars, and shall also pay all damages 
which shall be sustained thereby to the party aggrieved: Provided fur¬ 
ther, That nothing herein contained shall be construed to prevent the 
erection of any other fence than that herein provided for, as may be 
agreed upon in writing between the duly authorized agent or officer 
of any railroad corporation and the owner of any land through which 
the road of such corporation [shall] may be in operation. [6294.] 

Railroads not fenced and running through enclosed lands must 
have landowners permit to be operated; railroad commissioners duty: 
All railroads through lands enclosed by exterior fences that shall 
not be fenced as required by section fifteen of this article, within 
the time herein required, shall not be operated through such en¬ 
closed lands without the consent in writing of the owner or occupant 
thereof. Upon complaint being made under oath to said commissioner 
of railroads, by any person or persons owning or occupying such lands, 
that any railroad is being operated through the same in violation of the 
provisions of this section, he shall proceed to ascertain the facts in 
regard thereto, and if satisfied that such railroad is being so operated, 
he shall cause notice to be served upon the company or corporation 
owning or operating such railroad, requiring the fences and cattle- 
guards to be constructed within such time, not less than fifteen or more 
than sixty days, as may be specified in such notice, at the discretion of 
said commissioner of railroads. In case of the refusal or neglect of any 
such company or corporation as aforesaid to comply with the require¬ 
ments of the order of the commissioner of railroads, and to fence 
their road and put in the necessary cattle-guards, within the time pre¬ 
scribed in the said notice of the commissioner, then it shall be the duty 
of the said commissioner, first giving at least five days’ notice previous 
thereto, to the corporation so refusing or neglecting to comply with 
his said order, to present, either in open court or at his chambers, to 
the judge of the circuit court in and for the county in which the land 
so remaining unfenced, as herein provided, is situated, his petition setting 
forth the fact of said railroad company or corporation refusing to comply 
with the requirements of his said order, and praying for an injunction 
restraining such company or corporation from operating its road through 
the enclosed lands described in the said order of the said commissioner, 
until such fences and cattle-guards are constructed in accordance with 
the requirements of said order. If upon the hearing of such petition, 
the circuit judge to whom the same shall be presented, shall be satisfied 
that the facts set forth in the petition of the said commissioner of rail¬ 
roads are true, he shall grant an injunction as prayed for, restraining 
the corporation or company from operating its road through the land 
described in the said petition, until such time as the requirements of 


108 


MICHIGAN FARM LAWS. 


the commissioner’s order to fence shall have been fully complied with, 
and the fact of such compliance duly certified by the said commissioner 
of railroads to the corporation or company so enjoined from operating its 
road as herein provided, shall relieve such company or corporation from 
the further restraint imposed by such injunction. [6296.] 

Commissioner of railroads to inspect and determine sufficiency 
of fences: The railroad commission shall have power, and it shall be 
its duty, if it shall deem it practicable, in all cases, to inspect and determine 
the sufficiency of all fences required by law to be constructed and main¬ 
tained by railroad companies, and it may prescribe the manner of con¬ 
structing, and the time within which it shall be done. [5229.] 

Electric or street railways to maintain fences and farm crossings 
on order of commissioner of railroads: The Commissioner of Rail¬ 
roads shall have power and it shall be his duty to order the construction 
of fencing along the line of the right of way of any electric or street 
railway operated in this State whenever in his judgment he deems it 
necessary, to prevent animals or stock from getting on such right of 
way; and he shall prescribe the manner of constructing such fencing 
and the time within which it shall be done. The said Commissioner of 
Railroads shall also have power and it shall be his duty to order the 
construction of convenient and suitable farm crossings across the right 
of way and tracks of any electric or street railway, upon the application 
of the owner or owners of land lying upon both sides of such railroad 
track and being adjacent to such right of way, at such places over the 
right of way as shall be designated by the owner or owners of the 
lands lying on each side of said right of way. [Section 11 of an act 
passed June 9, 1903, and amended in present form June 17, 1905.] 

VI. Malicious Destruction of Fence. 

Malicious destruction of fence, etc.; penalty: Every person who 
shall willfully and maliciously burn or otherwise destroy or injure * * * 

any fence, bars or gate * * * if the property so injured or destroyed 
shall be of the value of $25.00 or less, shall be punished by a fine not 
exceeding one hundred dollars, or imprisoned in the county jail not 
exceeding three months, and if such property shall be of the value of 
more than $25.00, such person shall be punished by imprisonment in the 
state prison not more than five years, or by a fine not exceeding five 
hundred dollars, or by imprispnment in the county jail not more than 
one year. [11542.] 

VII. Maliciously Throwing Down Fences and Bars, Opening 

Gates, Etc. 

Marring or defacing fence; throwing down or opening gate or 
bars, or fence, etc.; unlawful; penalty: Every person who shall 


FENCES. 


109 


willfully and maliciously or wantonly * * * mar or deface any fence be¬ 
longing to or enclosing lands not his own, or shall maliciously throw 
down or open any gate, bars or fence, and leave' same down or open 
* * * shall be punished by imprisonment in the county jail not more 
than one year, or by fine not exceeding one hundred dollars. [11585.] 


CHAPTER ii. 


Fires. 

I. Forest fires; provisions for extinguishing. Fire Warden and his duties. 

II. Willful firing of woods and praires. 

III. Burning of hous^, barns and other buildings. 

IV. Burning or destroying personal property, crops, grain, etc. 

V. Burning of insured buildings or other property. 

• VI. Fires originating from railroads. 

VII. Setting fires to mines, etc. 

Section 1 . Forest fires, prevention, etc., of; Fire wardens: The 

State game, fish and forest warden shall have charge of the prevention 
and suppression of forest fires, as hereinafter provided. The supervisors 
of townships are hereby constituted fire wardens of their respective 
townships. The State game, fish and forest warden shall appoint a fire 
warden for each surveyed township of this State in which a supervisor 
does not reside. The fire warden so appointed shall be where possible, 
a resident of the surveyed township for which he is appointed. 

Section 2. Counties divided into districts; appointment of depu¬ 
ties, etc.; duities of; general provisions: The State game, fish and 
forest warden shall divide the counties affected by this law into districts of 
suitable and convenient size, as he may deem advisable, and appoint for 
each of such districts a deputy game, fish and forest warden: Provided, 
however, That not more than ten such deputy wardens shall be so ap¬ 
pointed, who shall have all the powers heretofore possessed by deputy game 
and fish wardens. Each of said deputy game, fish and forest wardens shall 
receive from the State a salary of not exceeding one thousand dollars per 
year, to be fixed by the State game, fish and forest warden, and his neces¬ 
sary expenses, payable monthly, and shall be subject to the orders and direc¬ 
tion of the State game, fish and forest warden in the performance of 
the duties hereinafter prescribed. Such deputy game, fish and forest 
wardens shall hold their offices during the pleasure of the State game, 
fish and forest warden, and shall be subject to removal by him at any 
time. It shall be the duty of such deputy game, fish and forest wardens 
to familiarize themselves by personal investigation with the locality and 
the condition of the cut-over lands, prairie lands and other districts in 
their respective counties where fires are most likely to start and spread, 
and to take such precautions as they -shall deem reasonable and proper 
to prevent the starting or spreading of fires in such districts, and in 
doing so, may enter upon lands and remove or.destroy brush, rubbish 
and other dangerous combustible material, wherever necessary. It shall 
.be the duty of such deputy game, fish and forest wardens to caution all 

110 




FIRES. 


Ill 


sportsmen, settlers and others of the danger from fires in the woods, to 
extinguish all fires left burning by any one, if within their power; and 
to give notice to any and all parties interested, when possible, of fires 
raging and beyond their control, to the end that the same may be con 
trolled and extinguished. In case of fire, such deputy game, fish and 
forest wardens shall have the power to employ assistance in emergencies 
to extinguish or control fires, to the same extent and in the same manner 
as fire wardens of townships in which fires are raging, and shall also 
1 ave the power to call upon the fire wardens hereinbefore provided for 
in each of the townships affected by such fire for all such assistance as 
such township fire wardens shall be entitled to employ under the pro¬ 
visions of this act. It shall be the duty of said deputy game, fish and 
forest wardens, whenever possible, to go to the place of fire, take per¬ 
sonal charge of and direct all efforts to extinguish and control the same. 
Said deputy game, fish and forest wardens shall have general charge of 
township fire wardens in his district, and shall have authority to mass 
such fire warden force as may be available, at any special point in his 
district, to suppress fires. 

Sec. 3. Warden to have general charge of deputies, etc.; forest 
commissioner: The State game, fish and forest warden shall have 
general charge of all the deputy game, fish and forest wardens and fire 
wardens hereinbefore provided for. Said deputy game, fish and forest 
wardens shall make annual reports to the State game, fish and forest 
warden, and such other written and verbal reports as he may require, 
which annual reports shall show in detail each fire occurring in such 
district, stating the cause of the same, the method used to control or 
extinguish such fire, amount of property destroyed and the number of 
lives lost, and such other facts as the State game, fish and forest warden 
may require. In case the fire warden force of any locality is deemed 
by the State game, fish and forest warden inadequate to prevent or sup¬ 
press forest fires, he shall appoint temporarily needed fire wardens whose 
duties and authority shall be the same as is herein given to supervisors 
acting as. fire wardens. He shall have authority to mass such fire warden 
force as may be available at any special point to suppress fires. He shall 
cooperate with any police or military force of the United States govern¬ 
ment which may be detailed to guard the national domain from fire. He 
shall investigate, or cause to be investigated by said deputy game, fish 
and forest wardens, the damages done from time to time by forest fires, 
and the causes of such fires, and include the same in the annual report 
to be made by him to the governor. The commissioner of the State 
land office is. hereby made forest commissioner of the State.. Said 
forest commissioner shall investigate the extent of the forests of the 
State, together with the amounts and varieties of the wood and the 
timber growing therein, the method used, if any, to promote the re¬ 
growth of timber, and any other facts relating to forest interests which 
he may regard as important. The State game, fish and forest warden 


112 


MICHIGAN FARM LAWS. 


shall co-operate with the forest commissioner in securing such informa¬ 
tion, and shall render such assistance as may be possible through its 
department in securing the same. 

Sec. 4. Abstract of laws to be furnished wardens and to be 
posted: The State game, fish and forest warden shall provide and 
officially sign an abstract of the penal laws of this act, with such rules 
and regulations in accord therewith as ’ he may deem necessary, and on 
or before the first day of March of each year he shall forward as many 
copies as he considers needful to the several fire wardens in the State 
and to all railroad companies, and it shall be the duty of said fire war¬ 
dens to post up such abstract as warning placards in twelve conspicu¬ 
ous places in their respective districts. 

Sec. 5. Expenses for suppressing fires; amount of; how paid: 
During a dry and dangerous season, when forest fires are prevailing or 
are liable to break out, the State game, fish and forest warden shall use 
such means under his command as he may deen'i necessary to prevejit 
©r suppress fires, and the expenses thus incurred shall be paid by the 
State, which expenditures in any fiscal year shall not exceed ten 
thousand dollars, to be paid out of the general fund upon the order of 
the State game, fish and forest warden. 

Sec. 7. Fire warden may make arrests; and shall investigate un¬ 
known causes of fires; township wardens to inquire into causes of 
fires; make reports: The State game, fish and forest warden, the 
deputy game, fish and forest wardens and the several fire wardens 
created by this act shall have authority to enforce the provisions of 
this act, and it shall be the duty of said deputies and said fire wardens to 
co-operate with the fire warden of any adjoining district, and in the 
absence of such fire warden to direct the work of control and extinguish¬ 
ment of forest fires in such district, and to arrest, without warrant, 
every person found violating any provision of this act, and to forthwith 
take the offender before a magistrate and make complaint against such 
person. It shall further be the duty of each of said deputy game, fish 
and forest wardens to look up the evidence relative to all fires the 
cause of which is unknown and actively endeavor to secure the convic¬ 
tion of all persons violating the provisions of this act. The township 
fire wardens provided for in this act shall inquire into the cause of 
each forest fire within their, respective districts, and report the same 
verbally or in writing to the district warden, as he may request, and 
shall also inform him of conditions existing in their several districts 
believed by them to be dangerous, and also to report such other facts 
as the district warden may require. The State game, fish and forest 
warden may transfer to any other district than the one for which lie is 
appointed for a specified time, any deputy game, fish and forest warden, 
to aid in the enforcement of the laws for the protection of game and fish 
and in the prevention and suppression of forest fires. 

Sec. 8. Compensation of fire wardens; how paid: Each fire war- 


FIRES. 


IIS 


den shall receive for his actual services rendered under this act two 
dollars per day, two-thirds of which shall be paid by the municipality 
where such service is performed, and one-third by the State; and any 
employe engaged in like service shall receive at the rate of two dollars 
per day, and said expense shall also be paid, two-thirds by the munici¬ 
pality where such service is rendered, and one-third by the State, as, 
hereinafter provided, but no payment shall be made to any claimant under 
this act until he shall have presented an itemized account and made oath, 
or affirmation that said account is just and correct, which account shall- 
be approved by the township board. The clerk of the board shall there¬ 
upon issue to each claimant his warrant upon the township treasurer 
for the entire sum to which such claimant is entitled, and such treasurer 
shall pay the same. Such clerk shall transmit the original oath and; 
copy of the warrant to the auditor general, who shall audit such claim,, 
and one-third thereof shall be paid out of the State treasury from the 
general revenue fund by warrant issued by the auditor general upon; 
the State treasurer, in favor of the county in which the same was 
paid and forward the same to the treasurer of said county, who shall 
pay it over to the treasurer of the proper township: Provided, That 
no fire warden shall be paid in any one year for more than ten days’ 
service in extinguishment and preventing forest fires, nor for more than 
five days’ service in each year in* posting notices and making the reports 
required by this act, nor, in the aggregate, for more than fifteen days’ 
services of whatever character, in any one year; nor shall any one per¬ 
son employed by fire wardens to assist in extinguishing or preventing 
forest fires be paid for more than five days of such service in any one 
year except upon gpecial instruction from the State game, fish and forest 
warden. 

Sec. 17. Annual report of forest commissioner: The forest com¬ 
missioner shall, annually on or before the. first day of December, make 
a written report to the governor, together with an itemized account of 
the expenses incurred in carrying out the provisions of this act, which 
report shall include such statistics and facts as he has obtained from 
the chief fire warden and from the several fire wardens of the State, 
and from other sources, together with his suggestions relative to the 
preservation of the forests of the State and tl^e prevention and extinguish^- 
ment of forest fires. 

II. Willful Firing of Woods and Prairies. 

Willfully setting fire to woods, etc.; how punished: Every person 
who shall willfully or negligently set fire to any woods, prairies, or 
grounds, not his own property, or shall willfully or negligently permit 
any fire to pass from his own woods, prairies, or grounds, to the injury 
or destruction of the property of any other person, shall be deemed guilty? 

8 m Ft 


114 


MICHIGAN FARM LAWS. 


of a misdemeanor, and on conviction thereof, shall be punished by a 
fine not exceeding one thousand dollars, or by imprisonment in the 
county jail not exceeding one year, or both, in the discretion of the 
court; and shall also be liable to the party injured in double the 
amount of damages sustained. [11653] 

Duty of justices to order inhabitants to aid in extinguishing 
fires: Whenever the woods or prairies in any township shall be on 
fire, so as to endanger property, it shall be the duty of the justices of 
the peace, the supervisor, and the commissioners of highways of such 
township, and each of them, to order such, and so many of the inhabit¬ 
ants of such township, liable to work on the highways, and residing 
in the vicinity of the place where such fire shall be, as they shall severally 
deem necessary, to repair to the place where such fire shall prevail, and 
there to assist in extinguishing the same, or in stopping its progress. 
[11654.] 

Penalty for refusing compliance with the order: If any person shall 
refuse or willfully neglect to comply with such order, he shall forfeit a 
sum not less than five, nor more than fifty dollars. [11655.] 

Township boards to prohibit setting of fires; boards to make rules: 
The township boards of the several townships of this state are hereby 
authorized and it shall be their duty to prohibit the setting of forest 
fires or fires foi; the purpose of clearing lands, and disposing by burning, 
‘of refuse material and waste matter within their respective jurisdictions, 
whenever, in the judgment of a majority of the members of each of 
said boards, it shall be deemed necessary to prevent'* the spreading of 
such fires over the territory of such township, or any gart thereof. Each 
of such boards may make such rules and regulations as they may deem 
proper for the purpose of carrying this act into effect, which rules and 
regulations shall be published by posting notices thereof, together with 
a copy of this act, in five of the most public places in such township. 
[11656.] 

Penalty for violation of order; permission to burn refuse, how 
obtained; board may repeal order: Whenever in pursuance of the 
authority hereby given, any township board shall designate a period 
during which it shall be unlawful to set such fires, any person who 
shall be found guilty of violating the order of such board by 
setting any such fire in such township contrary to the provisions of 
any section of this act, shall be deemed guilty of a misdemeanor, and 
on conviction thereof shall be subject to the same punishment as is 
prescribed in section one of this chapter: Provided, That any person 
desiring to dispose of refuse material by burning the same during the time 
prohibited by the board of such township, may do so after first pro¬ 
curing permission in writing, signed by the supervisor and township 
clerk, or by a majority of such township board, and the said supervisor 
and township clerk, or a majority of the said board, are hereby author¬ 
ized to grant such permission, in their discretion, under such condi- 



FIRES. 


115 


tions as they may prescribe, upon application, made, in writing, for such 
purpose: Provided, further, that said board is hereby authorized at 
, any time to repeal by resolution any action theretofore taken by them 
under the provisions of this act. [1657.] 

Notice to resident owners: Hereafter it shall be the duty of 
every person residing north of parallel forty-four of north latitude 
before setting fire for any of the above mentioned purposes, to serve 
a notice in writing on every resident owner or occupant of lands or 
grounds -immediately adjoining the tract upon which such fires are 
to be set, at least one full day previous to the setting of such fires, per¬ 
sonally, or by leaving the same at the residence of such adjoining owner 
or occupant, in the presence of some member of the family of suitable 
age and discretion, who shall be informed of the contents, and neg¬ 
lecting to give such notice shall be deemed prima facie evidence of neg¬ 
ligence on the part of the person so offending. [11658.] 

III. Burning of houses, barns and other buildings. 

Burning a dwelling in the day-time: Every person who shall 
willfully and maliciously burn, in the day-time, the dwelling of another, 
or any building adjoining such dwelling house, or shall willfully and 
maliciously set fire to any building owned by himself or another, by the 
burning whereof such dwelling house shall be burnt in the day-time, or 
shall, in the day-time, willfully and maliciously set fire to any building 
owned by himself or another, by the burning whereof such dwelling 
house shall be burnt in the night-time, shall be punished by imprison¬ 
ment in the state prison for life, or for any term of years. [11537.] 

Burning meeting-house in the night time: Every person who 
shall willfully and maliciously burn in the night-time, any meeting 
house, church, court house, college, academy, jail, railroad depot, or 
other building erected for public use; or any banking house, ware¬ 
house, store manufactory, or mill of another, being with the property 
therein contained, of the value of one thousand dollars; or any barn, 
stable, shop or office of another, within the curtilage of any dwelling 
house; or any other building by the burning whereof any building 
mentioned in this section shall be burnt in the night-time, shall be 
punished by imprisonment in the state prison for any term of years. 
[11538.] 

Burning the same in the day-time. Every person who shall will¬ 
fully and maliciously burn, in the day-time, any building mentioned in 
the preceding section, the punishment for which, if burnt in the night¬ 
time, would fye imprisonment in the state prison for any term of years, 
shall be punished by imprisonment in the state prison not more than 
ten years. [11539.] 

Burning certain buildings, etc., in night or day-time: Every per¬ 
son who shall willfully and maliciously burn, either in the night-time 


116 


MICHIGAN FARM LAWS. 


or in the day-time, any banking house, warehouse, store, manufactory, 
mill, barn,' stable, shop, office, outhouse, or other building whatsoever 
of another, other than is mentioned in the third section of this chap¬ 
ter, or any bridge, lock, dam or flume, or any ship, boat, or vessel of 
another, lying within the body of any county, shall be punished by im¬ 
prisonment in the state prison not more than ten years. [11540.] 

Penalty for setting fire to buildings: Every person who shall set 
fire to any building mentioned in the preceding sections or to any other 
material with intent to cause any such building to be burned, or shall, 
by any such means or by soliciting any other person, attempt to cause 
any such building to be burned, whether such building is owned or occu¬ 
pied by himself or herself or by another, shall be punished by imprison¬ 
ment in the state prison not more than fifteen years, or in the county 
jail not more than one year, or by a fine not exceeding one thousand dol¬ 
lars. [11541.] 

IV. Burning or Destroying Personal Property; Crops, Grain, Etc. 

Malicious burning or destruction of property; penalty: Every 
person who shall willfully and maliciously burn or otherwise destroy or 
injure, any pile or parcel of wood, boards, timber or other lumber, or 
any fence, bars or gate, or any stack of grain, hay or other vegetable 
product, or any vegetable product severed from the soil and not stacked, 
or any standing trees, grain, grass, or other standing product of the soil, 
or the soil itself, of another if such property so injured or destroyed 
shall be of the value of twenty-five dollars or less, shall be punished 
by a fine not exceeding one hundred dollars, or imprisonment in the 
county jail not exceeding three months, and if such property so injured 
or destroyed shall be of the value of more than twenty-five dollars, 
such person shall be punished by imprisonment in the state prison not 
more than five years, or by fine not exceeding five hundred dollars, or 
by imprisonment in the county jail not more than one year. [11542.] 

To whom preceding sections to extend: The preceding sections 
of this chapter shall severally extend to a married woman who may com¬ 
mit either of the offenses therein described, although the property burnt 
or set fire to may belong partly or wholly to her husband; and said 
sections shall also severally apply to a married man, although the property 
burnt or set fire to may belong partly or wholly to his wife, and although 
said property may be occupied by such married man or married woman, 
or by such married man and wife as a residence. [11543.] 

V. Burning Insured Buildings or Other Property. 

Burning property insured: Every person who shall willfully 
burn any building, or any goods, wares, merchandise, or other chattels, 
which shall be at the time insured against loss or damage by fire, or shall 




FIRES. 


117 


willfully cause or procure the same to" be burned, with intent to injure 
the insurer, whether such person be the owner of the property or not, 
shall be punished by imprisonment in the state prison not more than 
ten years. [11544.] 

VI. Fires Originating From Railroads. 

Railroad company liable for damages by fire originating from 
road, except in certain cases: Any railroad company building, owning, 
or operating any railroad in this state, shall be liable for all loss or 
damage to property by the originating from such railroads, either from 
engines passing over such roads, fires set by company employes by order 
of the officers of said road, or otherwise originating in the constructing 
or operating of such railroad: Provided, that such railroad company 
shall not be held so liable if it prove to the satisfaction of the court. 
or jury, that such fire originated from fire by engines whose machinery, 
smoke-stack or fire boxes were in good order and properly managed, or 
fire originating in building, or operating or repairing such railroad, and 
that all reasonable precautions had been taken to prevent their origin, 
and that proper efforts had been made to extinguish the same in case of 
their extending beyond the limits of such road, when the existence of 
such fire is communicated to any of the officers of such company. [6592.] 

VII. Setting Fire to Mines, Etc. 

Burning or setting fire to mines or mining property a felony; pun¬ 
ishment for: Any person who shall willfully and maliciously burn or 
set fire to or cause to be burned or set fire to any wood, timber, or 
other material in any part of a mine under ground, or shall willfully 
and maliciously set fire to or burn any shaft-house or other structure or 
materials built or placed over, or upon a shaft, adit, level or other opening 
into any mine, such mine being then in use or operation, shall be 
deemed guilty of a felony and be punished by imprisonment in the 
state prison for life, or for any term of years. [11652.] 


CHAPTER 12. 


Fruit Trees, Fruits, Shrubs and Vines. 

I. Prevention of diseases known as yellows,, black knot, peach rosette. Pear 
blight, etc. 

II. Prevention of bush, vine and fruit tree pests. 

III. San Jose scale and other diseases of trees, shrubs, etc. 

IV. Fruit trees on or near boundary line; ownership of fruit. 

Unlawful to keep trees infected with contagious diseases; tree 
and fruit subject to destruction; duty of persons owners: It shall be 
unlawful for any person to keep any peach, almond, apricot, plum, prune, 
cherry, nectarine or pear tree infected with the contagious diseases known 
as yellows, black knot, peach rosette, little peach or pear blight, or to 
offer for sale or shipment, or to sell or to ship any of the fruit thereof, 
except the fruit of the plum, cherry and pear tree; that both tree and 
fruit so infected shall be subject to destruction as public nuisances, as 
hereinafter provided. No damages shall be awarded in any court in the 
State for entering upon the premises and destroying such diseased trees, 
or parts of trees, or fruit, if done in accordance with the provisions 
of this act. It shall be the duty of every person, as soon as he becomes 
aware of the existence of such disease in any tree, parts of trees or fruit 
owned by him, to forthwith destroy or cause said trees or fruit to be 
destroyed. [5681.] 

Appointment of commissioners: In any township or city in this 
state in which such contagious diseases exist or in which there is good 
reason to believe they exist or danger may be justly apprehended of their 
introduction, it shall be the duty of the township board, or city council 
as soon as such information becomes known to either such board or 
council, or any member thereof, to appoint forthwith three competent 
freeholders of said township or city, as commissioners, to be known as 
yellows commissioners, who shall hold office during the pleasure of said 
board or city council, and such order of appointment and of revocation 
shall be entered at large upon the township or city records: Provided, 
That the commissioners now appointed and in office shall continue in 
said office, until their successors are appointed and qualified: Provided, 
That in case commissioners have already been appointed to prevent the 
"spreading of bush, vine and fruit tree pests,' such commissioners shall be 
ex-officio commissioners under this act. [5682.] 

Acceptance; record of proceedings: It shall be the duty of said 
commissioners, within ten days after appointment as aforesaid, to file 
their acceptances of the same with the clerk of said township, or city, 
and said clerk shall be ex-officio clerk of said board of commissioners 

118 



FRUIT TREES, FRUITS, SHRUBS AND VINES 


119 


and he shall keep a correct record of the proceedings of said board in a 
book to be provided for the purpose, and shall file and preserve all papers 
pertaining to the duties and actions of said commissioners, or either 
of them, which shall be a part of the records of said township or city. 
[5683.] 

Duty of commissioners in regard to contagious diseases: It shall 
be the duty of the commissioners, or any one of them, upon, or without 
complaint, whenever it comes to their notice that either of the diseases 
known as yellows, black knot, peach rosette or pear blight exist, or are 
supposed to exist within the limits of their township, village or city, to 
proceed without delay to examine the tree or fruit supposed to be 
infected, and if the disease is found to exist, a distinguishing mark 
shall be placed upon the diseased trees, and the owners notified per¬ 
sonally, or by a written notice left at his usual place of residence, or if 
the owner be a nonresident, by leaving the notice with the person in 
charge of the trees or fruit, or the person in whose possession said trees 
or fruit may be. The notice shall contain a simple statement of the 
facts as found to exist, with an order to effectually uproot and destroy, 
by fire, or as the commissioner shall order, the trees so marked or desig¬ 
nated, or such parts thereof, within five days, Sundays excepted, from 
the date of the service of the notice, and in case of fruit so infected, 
such nnotice shall require the person in whose possession or control it 
is found to immediately destroy the same, or cause it to be done, or the 
commissioner may destroy the same. Said notice and order to be signed 
by one or more of the commissioners. [5684.] 

Notice to commissioners that trees are not diseased; commis¬ 
sioners may revoke order for destruction of trees: In case any per¬ 
son who is interested in any tree or trees so ordered to be destroyed 
shall feel aggrieved by such order and shall believe that such trees 
are not so diseased, he may serve a written notice upon all the commis¬ 
sioners in the township in which such trees are situated, which notice 
shall specify the part of such order to which objection is made and the 
particular tree or trees included in such order which it is claimed are 
not so diseased and shall request an examination of such tree or trees 
by all of said commissioners, which notice shall be -served personally 
upon each of said commissioners within the five days given for the 
destruction of said trees and it shall thereupon be the duty of all of 
said commissioners who have not already done so to personally examine 
such tree or trees as soon as practicable, and within said five days, and 
if a majority of all the commissioners shall agree that such tree or 
trees are so diseased, they shall order the same to be destroyed forth¬ 
with by the owner or custodian thereof, but if a majority shall decide 
that such tree or trees, or any of them, are not so diseased, they shall 
revoke the order of the commissioner to destroy the same so far as it 
relates to the trees so found to be free from disease, but this section 
shall not apply to fruit ordered to be destroyed. [5685.] 


120 


MICHIGAN FARM LAWS. 


Commissioner to remove trees in certain cases: Whenever any 
person shall refuse or neglect to comply with the order to remove and 
destroy the trees or parts of trees so designated and marked by the 
commissioner as aforesaid, it shall become the duty of the commissioner 
to cause said trees or parts of trees to be removed and destroyed forth¬ 
with, employing all necessary aid for that purpose. The expenses for 
such removal and destruction of trees or parts of trees to be a charge 
against the township or city, and for the purpose of such removal [and] 
or destruction, the said commissioners, their agents and workmen, shall 
have the right and power to enter upon any and all premises within 
their township or city. [5686.] 

Refusal of owner to remove trees a misdemeanor; penalty: If 

any owner neglects to uproot and destroy or cause to be removed and 
•destroyed as aforesaid, such diseased trees, or parts of trees or fruit, 
after such examination and notification, and within the time hereinbe¬ 
fore specified, or any other person who shall sell or offer for sale such 
diseased fruit, such person shall be deemed guilty ot a misdemeanor, and 
punished by a fine not exceeding one hundred dollars or by imprisonment 
in the county jail not exceeding three months or both, in the discre¬ 
tion of the court, and any justice of the peace of the township or city 
where such trees may be, or where such nursery stock or fruit is sold, 
shipped, disposed of, or delivered as aforesaid, shall have jurisdiction 
thereof. The words “parts of trees,” wherever used in this act, shall 
refer to black knot and pear blight only, and not to trees affected with 
yellows. [5687.] 

Compensation of commissioners: The commissioners shall be al¬ 
lowed for services under this act, two dollars for each full day, and one 
dollar for each half day and their other charges and disbursements here¬ 
under, to be audited as well as any other charges and disbursements un¬ 
der this act, by the township board or city council, all of which costs, 
charges, expenses and disbursements, shall be certified by the commis¬ 
sioners to the supervisor or city council on the first day of October of 
each year. Said certicate shall describe the lands on which such dis¬ 
eased trees stood, and the expense incurred in removing the same. The 
amount so certified shall be levied by the supervisor upon the premises 
described in said certificate, the owners or occupants of which having 
refused to remove and destroy said diseased trees as required in this act. 
The amounts so levied shall be collected in the same manner as delin¬ 
quent highway taxes are collected, and shall be paid into, and belong 
.to the general fund of the township or city as the case may be. [5688.] 

II. Prevention of Brush, Vine and Fruit Tree Pests. 

Duty of owners, etc., to spray fruit trees, etc.: It shall be the duty 
of every owner, possessor, or occupier of an orchard, nursery or vine¬ 
yard, or of land where fruit trees or vines are grown within this state, 


FRUIT TREES, FRUITS, SHRUBS AND VINES. 


121 


to spray with a poisonous solution or disinfectant, and of sufficient 
strength to destroy such injurious insects or contagious disease, all fruit 
trees or vines grown on such lands which may be infected with any 
injurious insect or worms, or infected with any contagious disease 
known to be injurious to fruit or fruit trees or vines: Provided, That 
if such trees and vines are infested with the San Jose or other 
scale insects, such as trees or vines shall be either effectually spray or de¬ 
stroyed : Provided also, That no such spraying shall be done while said 
fruit trees or vines are in blossom, except in case of canker worm. 
[5689.] 

Duty of township board to appoint commissioners, when: In 

any township in this state where such injurious insects or contagious 
diseases are known to exist, or in which there is good reason to believe 
they exist, or danger may be justly apprehended of their introduction, 
it shall be the duty of the township board, upon the petition of at least 
ten freeholders of such township, to appoint forthwith three competent 
freeholders of said township as commissioners, who shall hold office 
during the pleasure of the board, and such order of appointment and of 
revocation shall be entered at large upon the township record: Provided, 
That in townships having a board of yellows commissioners, such com¬ 
missioners shall be ex-officio commissioners under this act. [5690.] 

Duty of commissioners: It shall be the duty of said commis¬ 
sioners within ten days after appointment as aforesaid, to file their ac¬ 
ceptance of the same with the clerk of said township, and said clerk 
shall be ex-officio clerk of said board of commissioners, and he shall 
keep a correct record of the proceedings of said board in a book to be 
provided for that purpose, and shall file and preserve all papers per¬ 
taining to the duties and actions of said commissioners, or either of 
them, which shall be a part of the records of said townships. [5691.] 

Commissioners to examine without complaint; notice to owners, 
etc.: It shall be the duty of said commissioners or any one of them, 
upon or without complaint, whenever it comes to their notice, that any 
orchard, fruit trees or vines are infested with canker worm or other in¬ 
jurious insects or contagious disease, within their townships, to proceed 
without delay to examine such orchards or vineyards, supposed to be 
infested, and if such injurious insects or contagious diseases are found 
to exist, the owner shall be notified personally, or by a written notice 
left at his usual place of residence, or if the owner be a non-resident, 
by leaving the notice with the person in charge of the trees or vines, or 
the occupant of the lands upon which such trees or vines shall be grow¬ 
ing. The notice shall contain a simple statement of the facts as found 
to exist with an order to effectually destroy such injurious insects or 
wjarms or contagious disease by spraying such trees or vines with a 
poisonous solution, or in case of contagious disease to effectually disin¬ 
fect said diseased trees or vines, or in case of San Jose or other 
scale insect to effectually spray or destroy such infested trees, within 


MICHIGAN FARM LAWS. 


122 


such time from the date of the service of the notice as such commis¬ 
sioners shall designate, said notice and order to be signed by the full 
board of commissioners. [5692.] 

Owner neglecting to spray: Whenever any person shall refuse 
or neglect to comply with the order to spray or disinfect the orchards 
or vineyards designated by the commissioners, as aforesaid, or in case 
of San Jose scale or other scale insects to effectually spray or destroy 
such infested trees, it shall become the duty of the commissioners to 
cause said trees or vines to be effectually sprayed with a poisonous 
solution or disinfected as occasion should require, or in case of San 
Jose scale or other scale insect, to effectually spray or destroy such 
infested trees forthwith, employing all necessary aid for that purpose, 
and the expenses for the same shall be a charge against the township, 
and for said spraying, disinfecting or destroying, the said commissioners, 
their agents or workmen, shall have the right and power to enter upon 
any and all premises within their township. [5693.] 

Penalty for neglect: If any owner, township officer or com¬ 
missioner neglects or refuses to comply with the requirements of this 
law, as set forth in the preceding sections, and within the time therein 
specified, such person shall be deemed guilty of a misdemeanor, and 
punished by fine npt exceeding fifty dollars, or imprisonment in the 
county jail not exceeding sixty days, or by both such fine and imprison¬ 
ment in the discretion of the court, and any justice of the peace of the 
township where such trees or vines may be growing shall have jurisdic¬ 
tion thereof. [5694.] 

Compensation of commissioners: The several commissioners shall 
be allowed for service under this act, two dollars for each full day, 
and one dollar for each half day, and their other charges and disburse¬ 
ments hereunder to be audited, as well as any other charges and dis*- 
bursements under this act by the township bdard, all of which costs, 
charges, expense and disbursements shall be recovered by the township 
from the owner of said infected or infested orchards or vineyards, or 

from the owner of the premises on which said trees or vines may be 

growing, in an' action of assumpsit.' The provisions of this act shall 

not apply to the contagious disease known as yellows. [5695.] 

III. San Jose Scale and Other Diseases of Trees, Shrubs, Etc. 

Inspector of nurseries; duties, etc.: It shall be the duty of the 
State Board of Agriculture, immediately upon the taking effect of this 
act, to appoint some competent person who shall be known as the State 
Inspector of. Nurseries and Orchards, who shall hold office during the 
pleasure of said board, whose duty it shall be to inspect any and all 
nurseries in the State of Michigan, as to whether they are infested 
with San Jose scale or other injurious or destructive insects, or infected 
with infectious or contagious diseases, and, if, upon such inspection, he- 


FRUIT TREES, FRUITS, SHRUBS AND VINES. 12$ 

finds no such dangerous insects or diseases, he shall, upon a payment 
of a per diem fee hereinafter provided, give to the owner of said nurser¬ 
ies a certificate to that effect, and shall file a duplicate certificate with the 
State Board of Agriculture. In case he shall find present in any such 
nursery any of said dangerous insects or diseases, he shall notify the 
owner thereof in writing, and shall direct him within five days to use 
such means as will exterminate such diseases or insects, and the owner 
of such nursery shall not ship or deliver any such trees, vines, shrubs or 
plants until he shall have secured from said inspector a certificate as 
aforesaid. [5696.] 

Duty of owner of nursery; to burn plants, etc., infested with San 
Jose Scale: The owner of such nursery, trees, vines, shrubs or 
plants shall, within the time specified in such notice, take such steps 
for the destruction of such insects or diseases as will exterminate the 
same, and he shall not ship nor deliver any such trees, vines, shrubs 
nor plants affected with such dangerous diseases or insects under the 
penalty of a fine of one dollar for every tree, vine, plant or shrub so 
affected, when shipped or delivered from such nursery, which fine shall 
be collected by suit by the prosecuting attorney of the county in which 
said nursery is located. [All nursery trees, plants, shrubs, buds or cut¬ 
tings found to be infested with San Jose scale must be destroyed with 
fire by the owner within five days after a written notice to that effect has 
been received from the State Inspector of Nurseries and Orchards, and 
all trees, plants, shrubs, buds or cuttings, commonly called nursery stock, 
and of kinds likely to be infested, grown in any nursery in this State, 
in which San Jose scale has been found, within two years of the date of 
dissemination of said nursery stock, or grown in said nursery within 
one-half mile of where said scale has been found, and also all nursery 
stock from outside of this State, to be disseminated or planted in this 
State, after the first day of July, nineteen hundred three, must be fumi¬ 
gated with hydrocyanic gas in such manner as may be directed by the 
State Inspector of Nurseries and Orchards of this- State.] [5697.] 

Penalty for refusal to destroy infected plants, etc.: Whenever 
it shall happen that the State Inspector of Nurseries and Orchards shall 
give the notice heretofore required to the owner of a nursery, for the 
destruction of the insects or diseases mentioned, and said owner shall 
fail or neglect to take the measures necessary for the destruction thereof 
within the time mentioned in the notice given him, it shall be the duty 
of the State Inspector of Nurseries and Orchards to have the proper 
remedies applied to such nursery for the destruction of such diseases or 
insects, and shall employ all necessary assistance and may enter the 
premises of said owner of such nursery for the purpose of treating and 
exterminating such insects or diseases, and the said owner of such 
nursery shall be liable for the costs of such proceeding, and for the 
services of the inspector at a rate per diem to be fixed by the State 
Board of Agriculture, not to exceed three dollars per day, and for such 


124 


MICHIGAN FARM LAWS. 


number of days as said board shall determine, which charge must be 
paid before delivery of the certificate in section one of this act. [5698.] 
Packages of plants, etc., how marked; when packages not prop¬ 
erly marked: Whenever any trees, shrubs, plants or vines^ are 
shipped into this State from any other state, country or province, every 
package thereof shall be plainly labeled on the outside with the name of 
the consignor, the name of the consignee, the contents, and a certificate 
showing that the contents have been inspected by a state or government 
officer [and that the trees, shrubs, vines or plants commonly known as 
nursery stock, therein contained, have been fumigated with hydrocyanic 
gas, of the strength commonly used for such purpose, for not less than 
thirty minutes]. Whenever any trees, shrubs, vines or plants are shipped 
into this State without such certificate plainly fixed on the outside of 
the package, box or car containing the same, the fact must be reported 
within twenty-four hours to the State Board of Agriculture, by the railway, 
express or steamboat company, or by any other person or persons carry¬ 
ing the same; and any agent of any railway, steamboat or express com¬ 
pany, or any other person or persons who shall violate the provisions 
of this section shall be deemed guilty of a misdemeanor, and upon con¬ 
viction thereof shall be fined in any sum not less than twenty-five nor 
more than one hundred dollars, or imprisonment in the county jail not 
less than five nor more than thirty days, or may be so fined and impris¬ 
oned in the discretion of the court. [5699.] 

Nursery owners to apply for license; to give bonds; proviso: 
Any person or persons growing or offering for sale in this State any 
trees, vines, shrubs, or plants commonly known as nursery stock, shall, 
on or before the first day of August in each year, apply to the State 
Board of Agriculture, for inspection of said stock under the provisions 
of this act and a license for its sale, and shall deposit with said board 
a fee of five dollars as a license fee for himself as principal. Such license 
shall be good for one year and shall not be transferable, and each of such 
persons, principals, shall execute to the State Board of Agriculture, a 
bond in the sum of one thousand dollars, with good and sufficient sureties 
satisfactory to said board, conditioned that he will comply with all the 
provisions of this act, and that upon demand he will file with the State 
Board of Agriculture, a list of persons to whom he has sold or delivered 
any such nursery stock, giving the species, together with the postoffice 
address of each purchaser, which list shall be held in strict confidence 
by the said State Board of Agriculture, and not be subject to inspection 
by the public. Failure on tjie part of any nurseryman, grower, agent 
or dealer to comply with the provisions of this section shall render him 
or them liable to the penalties of a fine of not more than one hundred 
nor less than twenty-five dollars, or imprisonment in the county jail for 
not more than ninety nor less than thirty days, or both such fine and 
imprisonment in the discretion of the court: Provided, That the provi¬ 
sions of this section shall not apply to persons engaged in fruit growing 


FRUIT TREES, FRUITS, SHRUBS AND VINES. 


125 


who are not nurserymen who desire to sell or exchange surplus small 
fruit plants of their own growing. [5700.] 

Foreign firms to obtain license to sell in this state; to file bond 
and certificate: No person, firm or corporation resident of another 
state, province or country shall engage or continue in the business of 
importing any trees, plants, shrubs or vines, commonly known as nur¬ 
sery stock, into this state or of selling such importations within the state, 
or of selling such articles within the state,* for subsequent importation 
into it, without first having obtained from the state board of agricul¬ 
ture a license to do business in this state as provided in section five 
of this act, and shall have filed with the state board of agriculture the 
bond therein required, together with a certificate of inspection by a state 
or government inspector or that of some person designated by the Michi¬ 
gan state board of agriculture for such purpose. [5701.] 

Upon receipt of fee board to issue license: The state board of 
agriculture shall, upon receipt of the fee referred to in this act, together 
with the required bond and a satisfactory certificate of inspection, issue 
licenses to the applicant according to the provisions of this act. [5702.] 
When commissioners uncertain, may apply to state inspector: 
Whenever the commissioners shall be uncertain as to the existence or 
nature of any infectious or contagious disease or dangerous insect pests 
in an orchard or elsewhere, or in any case any dispute shall arise between 
owners and commissioners, it shall be the duty of said commissioners 
to notify the State Inspector of Orchards and Nurseries, who shall at 
once investigate or inquire into the matter and suggest or recommend 
the proper remedies, and give all the information he can to aid in ex¬ 
terminating such insects or diseases, and his decision of the case and 
recommendations shall be final. [5703.] 

When commissioners may enter premises and inspect orchards; 
in case owner refuse, how to proceed: It shall be the duty of the 
state inspector, whenever it shall come to his knowledge that any de¬ 
structive insects or infectious or contagious diseases exist in any orchard 
in this state, or are supposed to exist, to investigate the case, and if 
such dangerous insects or diseases are found, he shall have authority to 
enter upon the premises and proceed according to the provisions of 
section one, two and three of this act,* in exterminating the same. In 
case the owner or occupant of the premises shall refuse or neglect to 
comply with the orders of said inspector within five days, the inspector 
shall employ such aid as may be necessary to tarry out his orders and 
recommendations, the expenses of which procedure shall be certified • to- 
the township board and by them allowed, who shall cause the same to 
be assessed as a special tax upon the premises concerned. [5704.] 

May appoint deputies: The state inspector of orchards and 
nurseries shall have power to appoint such number of deputy inspectors 
as may be required, subject to approval by the state board of agriculture.. 
[5705.] 




126 


MICHIGAN FARM LAWS. 


Expenses; how audited: All expenses incurred under the pro¬ 
visions of this act shall be audited by the State Board of Agriculture 
and paid out of the general fund of the State and the Auditor General 
shall draw his warrant for the same: Provided, That all moneys col¬ 
lected by the State Board of Agriculture, under this act, shall be paid 
into the general fund of the State treasury: [5700.] 

IV. Fruit Trees on or Near Boundary Line; Ownership of Fruit. 

The owner of the land on which a fruit tree' stands is the owner of 
the whole tree and the fruit thereof although the roots and branches 
of such tree may grow across and hang over the boundary line upon the 
land and domain of another. The fruit although growing upon branches 
projecting over the line and upon ripening falls upon the ground ot the 
adjoining owner, belongs to the owner of the land upon which the body 
of the tree stands, and he may pick it from such projecting branches 
or go upon the adjoining owner’s land for such fruit, after it ripens and 
falls, and is not a trespasser by such act. The only lawful right or privi¬ 
lege which such adjoining owner may exercise with reference to such 
tree is, that he may cut off the branches up to the .line; but he is a 
trespasser if he remove the fruit from such branches before severing 
them. These views of the law are sustained by the decisions in the fol¬ 
lowing cases: The cases cited where the body of a tree stand upon 
the boundary line when applied to fruit trees would seem to lead to the 
conclusion that the adjoining owners have an equal right in the tree, and, 
consequently an equal right in the fruit. 2 

Notes — 1 . The owner of the tree is not entitled to the fruit of a tree 
growing on the land of another, although the branches overhang his land. Hoff¬ 
man vs. Armstrong, 48 N. Y., 201. In this case the owner of the tree attempted 
to pick cherries on branches hanging over the line when the owner of the tree of 
the adjoining propery assaulted the picker. The court instructed the jury that 
owner of the tree owns the whole of it. 

When an apple tree stood six feet from the division line and its branches 
and roots crossed the line, the tree and the fruit were the sole property of the 
owner of the land on which the tree stood, and the party over whose land the 
branches projected across the line could not pick the fruit without being guilty of 
trespass. Skinner vs. Miller, 38 Vt. 115. 

Where the tree stands four feet from the line and some of the branches 
overhang adjoining land, the fruit on those branches belong to the owner of the 
tree, and the owner of the land over which they hang is a trespasser if he removes 
the. fruit. If the branches are a nuisance, he has a right to remove them. Lyman 
vs. Hale, 11 Conn. 177. 

If the fruit of a tree belonging to A fall upon the land of B, and A go 
upon the land of B to take it away, an action of trespass does not lie, because the 
falling of this there could not'be prevented. Miller vs. Fawdry, Latch, 120 dictum. 

2. A tree standing so nearly upon the boundary line that portions of its body 
extend into each, the same is the property in common of the landowners. And 
neither of such owners is at liberty to cut the tree without the consent of the other, 




FRUIT TREES, FRUITS, SHRUBS AND VINES. 


127 


-nor, to cut away the part which extends into his land, if thereby injures the com¬ 
mon property in the tree. 1 Washburn on Real Property 7 § a, 29 h, R. A. 585. 

A tree standing on the boundary line is the common property of both parties 
whether marked or not, and trespass will lie, if one attempt to destroy it without 
the consent of the other. Griffin vs. Bixby, 12 N. H., 454. 

Insecticides. 

(Spraying substances.) 

Public Act No. 91 approved May 18, 1909 provides against fraud in 
the sale of Paris green as an insecticide and Public Act No. 163 ap¬ 
proved June 1, 1909 defines “Spraying Substances” used in spraying or 
fumigating fruit trees, as insecticides or fungicides or for other purposes 
and regulates the sale thereof. The Director of the agriculture experi¬ 
ment at East Lansing is given supervisory authority in carrying these 
laws into effect. 


CHAPTER 13 . 

Fish Laws. 

Laws Relating to Fish. 

I. General laws protecting fish and regulate fishing. 

II. Season for black bass. 

III. Taking and catching fish in inland lakes. 

IV. Certain nets not to be used in Little Traverse Harbor. 

V. Spearing of fish; when and where allowed. 

VI. Rights in navigable or meandered waters. 

VII. Erection of fish shutes and ladders. 

•VIII. Protection of fish under certain size. 

IX. Offal not to be put in waters of state. 

As this book -is designed to contain only those laws which relate 
directly to the. farm and kindred matters, it would not be expected that 
laws relating to another great industry or occupation should be given. 
This, however, would be the task before us if we were to attempt to 
give all the laws relating to fish. The fisheries of the State are so ex¬ 
tensive and so many laws for their proper regulation and protection in 
the various sections of the State, have been enacted, that one-half of 
the intended size of this volume would be occupied with them. We have 
therefore, furnished only such general laws as apply particularly to the 
streams of the State. No attempt is made to give any of the numerous 
local laws which apply only to certain townships or counties, or to certain 
streams or bodies of water. 

I. General Laws. 

[Act 111, T. A. 1889, as amended in 1907.] 

The People of the State of Michigan enact: 

Section 1. When unlawful to catch certain fish: No persons 
shall catch or take from any lake, river or stream of this State by any 
means whatever, any speckled trout, land lock salmon, grayling, Cali¬ 
fornia trout, Lock Leven trout or steel head trout, from the first day of 
September to the first day of May following. [As approved May 18, 1909.] 
Sec. 2 . Unlawful to buy or sell: No person shall knowingly 
purchase, buy or sell, or attempt to purchase, buy or sell, any of the kinds 
of fish named in the foregoing section during the respective prohibited 
periods above named. 

’ Sec. 3 . To kill any fish with dynamite, etc.: 

128 


It shall not be law- 



FISH LAWS. 


129 


ful hereafter at any time to kill or destroy or attempt to kill or de¬ 
stroy, any fish in any of the waters of the State of Michigan by the use 
or aid of dynamite, herculean or giant powder, or any other explosive 
substance or combination of substances or by the use of Indian cockle 
or other substance or device which has a tendency to stupefy the fish. 

Sec. 4. When unlawful to spear, etc.; proviso: It shall be unlaw¬ 
ful for any person or persons to take, catch or kill, or attempt to take, 
catch or kill, any fish by the use of any kind of spear during the 
months of March, April, May and June of each year in any of the 
waters of this State, except Lakes Michigan, Superior, Huron, St. Clair 
and Erie, and in Saginaw Bay: Provided, however, That the spearing 
or catching by dip net of mullet, grass-pike, redsides and suckers shall 
not be unlawful. 

Sec. 5 . Unlawful to fish in certain manner in certain lakes; ex¬ 
cept, etc.: It shall be unlawful for any person or persons to take or 
catch, or attempt to take or catch, any fish at any time with seines, 
pound nets, gill nets or any species of nets, in'any of the waters of this 
State, except Lakes Michigan, Superior, Huron and Erie, and the bays 
and harbors connected with said lakes, Saginaw bay and the Sault Ste. 
Marie, St. Clair, Saginaw and Detroit rivers. It shall be unlawful for 
any person to take, catch or kill any fish in any manner whatsoever, ex¬ 
cept by hook and line, in the St. Clair river below the village of Algonac, 
in St. Clair county, or in any of the channels through which the said 
river empties into Lake St. Clair, or in any of the bays, channels or 

other waters known as the St. Clair flats, and that part of Lake St. 

Clair lying north, northeast, and east of a line drawn from the south end 
of the Unites States ship canal at the mouth of the south or main 
ship channel to the mouth of the Milk river: Provided, however, 

That the use of dip nets in catching mullet, redsides and suckers shall 

not be unlawful. [As approved May 12, 1909.] 

Sec. 6 . Unlawful to take except with hook and line: It shall be 
unlawful for any person or persons to take, catch or kill, at any time, 
any speckled or brook trout, German trout, California trout, land-locked 
salmon, Loch Leven trout, steel head trout, or grayling, or any black, 
strawberry, green or white bass, or sturgeon in any manner whatever 
except by hook and line, in any waters of this State, excepting Lakes 
Superior, Michigan, Huron and Erie, and the bays and harbors con¬ 
nected with said lakes and Saginaw Bay, or in any other waters under 
the provisions of any local act. 

Sec. 7. Unlawful to take under certain size: It shall be unlawful 
for any person or persons to kill or capture, in any manner whatever, 
in any of the waters of this State, or to have in possession, any brook 
9 M F L 


180 


MICHIGAN FARM LAWS. 


trout, speckled trout, California trout, land-locked salmon, Loch Leven 
trout, steel head trout or grayling of a size less than seven inches in 
length. 

Sec. 8. For four years after stocking: Hereafter it shall not be 
lawful for any person to take or catch, by any means whatever, any 
brook trout, Loch Leven trout, steel head trout, grayling or California 
trout from any stream in which brook trout, Loch Leven trout, steel 
head trout, grayling or California trout are not native, and which may 
have been stocked with such fish by the State board of fish commissioners, 
for the period of four years after the first planting of any such fish 
therein. 

Se$. 9. Sale of certain fish unlawful: It shall not be lawful at 

any time hereafter for any person or persons to catch or capture, by any 
means whatever, for the purpose of sale or to ship for the purpose 
of sale, any brook trout, grayling, large mouth black bass, small mouth 
black bass or white bass from an y of the inland waters of this State. 

Sec. 10. Unlawful to fish in private waters; notices: It shall be 
unlawful for any person or persons to kill or take speckled trout or 
other fish from any private waters used for the propagation of such 
fish except by the consent of the proprietor of such private waters. 
It shall be the duty of the proprietors of any such private waters who 
are' engaged in the propagation of fish as contemplated by this section 
to post or cause to be posted in a conspicuous manner public notices 
painted on boards in large and plain letters that the owner, naming him, 
is engaged in such business and warning all persons from killing or 
taking any fish in the waters named in such notices. 

Sec. 11. Unlawful to take certain fish except for bait: It shall 
be unlawful, at any time hereafter, to take, catch or kill or destroy or 
attempt to take, catch or kill or destroy any minnows or small fry fish 
in any of the waters of this State, for other purposes than for fish bait. 

Sec. 12. To use seines, etc., within certain distance from fish 
shute: It shall not be lawful hereafter for any person to fish with any 
species of seines or nets within a radius of one hundred feet of or from 
any fish shute or ladder, dam to which a fish shute or ladder is attached, 
nor to hinder or frighten fish from a free passage up or down a fish shute 
or ladder. 

Sec. 13. To use weir dams and similar devices: It shall not be 
lawful for any person or persons to place a weir dam, fish weir, weir net 
or other device across any race, stream, lake or river of this State, in 
such a manner as to obstruct the free passage of fish up and down the 
same; and any person violating &is section shall in addition to the 
penalty provided for in section fourteen of this act, be liable to the 
payment of two dollars per day for every day that he shall continue 
such violation after having been duly notified by an elector of the town¬ 
ship wherein such fish weir or weir net may be, feeling himself aggrieved 
thereby, to remove the same, said penalty or penalties to be recovered 






FISH LAWS. 


131 


before any court of competent jurisdiction in the township or county 
where such offense shall have been committed; and in default of pay¬ 
ment thereof, shall be confined in the county jail until such fine and 
costs shall be paid; but such confinement shall not exceed thirty days. 

Sec. 14 . Penalty for violation of law: Any person who shall be 
found guilty of a violation of any provision of this act, except those pro¬ 
visions contained in section three hereof, shall be deemed guilty of a 
misdemeanor and shall be punished by a fine of not less than five dol¬ 
lars and not more than one hundred dollars and the costs of prosecution, 
and in default of payment thereof shall be confined in the county jail 
until such fine and costs shall be paid; but such confinement shall not 
exceed thirty days. Any person guilty of a violation of section three 
of this act may be punished in the discretion of the court by a fine of 
not less than twenty-five dollars and not more than one hundred and 
fifty dollars, and in addition thereto by imprisonment in the county jail 
for not less than thirty days nor more than one hundred fifty days. [As 
amended by Public Act No. 11 approved March 18, 1909.] 

Sec. 15 . Limit as to number: It shall be unlawful for any person 
under the penalties provided in section fourteen of this act, to kill or 
capture in any of the lakes, rivers or streams in this State, or any of their 
tributaries, more than fifty fish of any of the kinds hereinbefore men¬ 
tioned in any one day, or to take with him therefrom or to have in 
his possession at any point away therefrom more than one hundred 
fish of said kinds at any one time. 

II. Season for Black Bass and Other Bass. 

Bass under certain size protected.. 

Number to be caught in any one day. [Public Act No. 59, ap¬ 
proved May 5, 1909.] 

Section 1. It shall be unlawful to take, catch or kill or attempt to 
take, catch or kill in any manner or by any means whatever, in any of 
the waters of this state, any small-mouthed black bass, big-mouthed black 
bass, silver, calico, white or strawberry bass from and after the first day 
of February in each year up to and including the fifteenth day of June 
thereafter. 

Sec. 2. It shall be unlawful for any person or persons to take, 
catch or kill in any of the waters of this state any sm^ill-mouthed black 
bass or big-mouthed black bass of less than ten inches in length, or to 
catch, take or kill in any one day more than ten of the above named 
fish of any size, or to take with him therefrom, or to have in his 
possession at any place in this state more than ten of said kinds of fish 
at any one time. 

Sec. 3. It shall be unlawful for any person or persons to take, catch 
or kill in any of the waters of this state any strawberry bass, white bass, 
silver or calico bass less than seven inches in length, and it shall be un- 


132 MICHIGAN FARM LAWS. 

' / 

i 

lawful for any person or persons to catch, kill, or capture in any one 
day more than twenty of the above named fish of any size, or to take 
with him therefrom, or to have in his possession at any place in this 
state more than twenty of said kinds of fish at any one time. 

Sec. 4. It shall be unlawful at any time hereafter for any person 
or persons to sell or offer for sale or ship for the purpose of sale any 
small-mouthed black bass, big-mouthed black bass, strawberry, silver or 
calico bass, or white bass, within the borders of this state. 

Sec. 5 . Any person or persons violating the provisions of this act 
shall be deemed guilty of a misdemeanor, and upon conviction thereof 
before any court of competent jurisdiction shall be punished by a fine 
of not less than ten dollars nor more than fifty dollars, together with 
costs of prosecution, or imprisonment in the county jail for a period 
not exceeding sixty days, or both such fine and imprisonment in the 
discretion of the court. 

Sec. 6. All acts or parts of acts in anywise inconsistent with or con¬ 
travening the provisions of this act are hereby repealed. 

Note: See also “Protection of Fish under certain weight” following. 

III. Taking and Catching of Fish in Inland Lakes. 

[Act 159, P. A. 1891.] 

Unlawful to fish in inland lakes except with hook and line, etc : 

It shall not be lawful for any person to take, catch or kill, or attempt 
to take, catch or kill, any fish in any of the inland lakes in this State 
with any kind of spear or grap-hook, or by use of jacks or artificial light 
of any kind, or by the use of set lines or night lines, or any kind of net, 
or any kind of firearms, or explosive, or other device except the hook 
and line. [5849.] 

What to be evidence of violation of act: In all prosecutions 
under this act it shall be prima facie evidence, on the part of the people, 
of the violation of the provisions of this act to show that the defendant 
was found upon the waters of said lakes, with spear, net, trap net, set 
lines, jack or artificial light of any kind, or with dynamite, giant powder 
or any other explosive substance or combination of substances. [5850] 

Penalty for violation: A fine not to exceed twentp-five dollars 
and costs of prosecution, or imprisonment in the county jail not to ex¬ 
ceed thirty days, T>r by both such fine and imprisonment in the discre¬ 
tion of the court. Local acts not repealed hereby. [5851.] 

IV. Certain Nets Not to be Used in Little Traverse Harbor. 

[Act 179, P. A. 1901.] 

Section i. Unlawful to use nets, etc., in certain waters: It shall 
be unlawful for any person or persons to take or catch fish of any kind, 
with gill nets, trap nets, seines or other device of any kind, except hook 
and line, in that part of Little Traverse Bay on Lake Michigan, known 
as Little Traverse Harbor, and lying inside or north and west of Harbor 



FISH LAWS. 


183 


Point and a line starting from a point on the shore directly east of 
Harbor Point light house, and running east to a point on the township 
line between township thirty-five north, of range five west, and town¬ 
ship thirty-five north, of range six west; thence north to the north shore 
of Little Traverse Harbor. 

Sec. 2 . Penalty for violation: Any person violating any of the 
provisions of this act shall be deemed guilty of a misdemeanor and, 
upon conviction 'thereof, shall be punished by a fine of not more than 
fifty dollars or by imprisonment in the county jail or the Detroit house 
of correction for a period of not more than ninety days or both such fine 
and imprisonment in the discretion of the court. • 

Sec. 3. Repeals inconsistent acts. 

V. Spearing of Fish; When and Where Allowed. 

[Act 50, P. A. 1897.] 

Lawful to spear fish between December and March of each year; 
waters exempted from provisions of this act: It shall hereafter be 
lawful in the months of December, January, February and March in each 
year to take, catch or kill through the ice by the use of a spear, any 
and all kinds of fish, except brook trout, rainbow trout, German or brown 
trout, grayling, land-locked salmon and black bass in any or all of the 
inland lakes and streams of this State, including Lake St. Clair and that 
part of the St. Clair river below the village of Algonac, in St. Clair 
county, the channels through which said river empties into Lake St. 
Clair, and other channels and bayous comprising the waters of said 
lake: Provided, That all waters, lakes and streams in this State ex¬ 
cept Maple river, which are now protected from spearing by any local 
act of the legislature of this State, shall be exempt from the provisions 
of this act. [5888.] 

VI.. Rights in Navigable or Meandered Waters. 

[Act 121, P. A. 1891.] 

Where lawful to fish with hook and line: In any of the navigable 
or meandered waters of this State where fish have been or hereafter may 
be propagated, planted or spread at the expense of the people of this- 
State or the United States, the people shall have the right to catch fish 
with hook and line during such seaosns and in such waters as are not 
otherwise prohibited by the laws of this State. [5859.] 

Of actions at law; defendant may dispute title and possession: 
No action at law shall be maintained against persons entering upon 
such waters for the purpose of such fishing, by the owner, lessee or 
persons having the right of possession of adjoining lands except for 
actual damage done. In any such action the defendant under a proper 
notice may dispute on the trial the plaintiff’s right to either title or 
possession of the land claimed to be trespassed upon. [5860.] 


134 


MICHIGAN FARM LAWS. 


VII. Erection of Fish Shutes and Ladders. 

The law with reference to the erection of fish shutes and ladders 
will be found in Act 246, passed in 1861; Act 166, passed 1893; Act 130, 
passed 1895; local Act 446, passed 1895, and Public Act No. 295 passed 
1909, said acts being too extensive to be given in this book. 

VIII. Protection of Fish Under Certain Weight. 

[Act 213, P. A. 1895.] 

Unlawful to catch fish under certain weight with nets: It shall not 
be lawful for any person or persons to take or catch with any species of 
net whatsoever, and retain for sale or use, any black bass, or sell or 
offer for sale or make use of any perch of a less weight than four 
ounces, or any pike, pickerel or catfish of a less weight than one pound, 
and it shall be the duty of any person who shall take any perch, pike, 
pickerel or catfish of a less weight than herein prescribed, or any black 
bass of any size, to replace the same alive and without injury in the 
waters from which the same were taken. [5852.] 

Note: See Public Act No. 59 approved May 5, 1909, amending this section as 
to bass. 

Note: It is unlawful to take brook trout, speckled trout, rainbow trout and 
California trout, under eight inches in length from Au Sable River or its tributaries. 

Penalty for violation of act: Any person who shall be found 
guilty of a violation of any of the provisions of this act shall be deemed 
guilty of a misdemeanor and shall be punished by a fine of not less than 
ten dollars, nor more than fifty dollars, together with the costs of prose¬ 
cution, and in default thereof shall be confined in the county jail until 
such fine and costs shall have been paid, but such confinement shall not 
exceed thirty days. [5853.] 

IX. Offal Not to be Put in Waters of State. 

Putting of offal, etc., into water prohibited; waste matter 
from certain paper mills: It shall be unlawful for al persons to put 
into any of the waters of this State, where fish are taken, any offal, 
blood, putrid brine, putrid fish or filth of any description, and any 
person so offending shall be confined in any sum not exceeding three 
hundred dollars, or imprisonment not exceeding thirty days, or both, at 
the discretion of the court: Provided, however, That this act shall 
not be construed to apply to discharging the waste matter of any paper 
mill into any of the streams or their tributaries on sections thirteen, 
twenty-three and twenty-four of Schoolcraft township, Kalamazoo county. 
[5854.] 

Offal, how destroyed: All fish, offal or filth of any description 
whatsoever, accruing from the catching and curing of fish, shall be 
burned or buried ten rods distant from the beach or shore of the river 
or lake. [5855.] 


CHAPTER 14. 
Game Laws. 


I. Protection of game and birds; general law. 

II. Protection of European partridge. 

III. Hunting or camping on forest reserve. 

IV. Possession, use, transportation and sale of fish and game. 

V. Regulation and licensing the use of firearms in hunting deer. 

VI. Regulating use of firearms in hunting game birds and animals. 

VII. Protection of deer and elk in certain counties. 

VIII. Protection of smaller game and birds in certain localities. 

IX. Hunting on enclosed lands. 

X. Negligent shooting of human beings by hunters. 

XI. Protection of fur-bearing animals. 

XII. Public shooting grounds. 

XIII. Use of ferrets in hunting rabbits, where unlawful. 

XIV. Hunting on Sunday, where unlawful. 

XV. Shooting wild geese and Brant in Chippewa county. 


I. Protection of Game and Birds; General Law. 

[Act 257, P. A. 1905, as amended in 1907.] 

The People of the State of Michigan enact: 

Section 1 . Game, property of state: That all wild animals and 
wild birds, both resident and migratory, in this State, shall be, and are 
hereby declared to be, the property of the State. 

Sec. 2. Protection of deer in certain counties until 1908: That 
no person shall injure, persue, hunt or kill, or capture, or attempt to injure, 
pursue, hunt, kill or capture by any means whatever, any deer on the 
islands of Bois Blanc or Grand Island or in the counties of Lapeer, 
Huron, Sanilac, Tuscola, Macomb, Allegan, Ottawa, St. Clair, Lake, 
Osceola, Clare, Mason, Manistee, Wexford, Missaukee, Newaygo, Mecosta, 
Isabella, Benzie, Leelanau, Grand Traverse, Oceana and Gladwin until 
the first day of January, nineteen hundred eight, and thereafter only at 
the time, in the manner and for the purpose authorized by law. (a) 

Sec. 3 . Moose, elk, etc., protected for 8 years: No person shall 
hunt, pursue, capture or kill or attempt to hunt, pursue, capture or kill 
any moose, elk or caribou in this State for a period of eight years from 
and after the date this act shall take effect. 

Sec. 4. Deer season; number may kill: No person shall hunt, 
pursue or kill, or attempt to hunt, pursue, capture or kill any deer in 
this State, save only from the tenth day of November to the thirtieth 
day of November, both inclusive, in one year. No person shall kill more 

135 


136 


MICHIGAN FARM LAWS. 


than two deer in any one year, and then only at the time, in the manner 
and for the purpose authorized by law. 

Sec. 5. Game not to be sold; proviso as to shipping: No per¬ 
son shall by himself, his. clerk, servant or agent, expose or keep for sale, 
or directly or indirectly, upon any pretense or device, sell or barter, or 
in the consideration of the purchase of any other property, give to any 
other person any of the protected animals or birds mentioned in this 
act within the State of Michigan, nor shall any person or persons, 
or any corporation acting as a common carrier, its officers, agents or 
servants, ship, carry, take or transport either within or beyond the 
confines of this State, any animal or animals, or portion or portions 
thereof, or bird or birds protected by this act, except as hereinafter 
provided: Provided, however, That it shall be lawful to ship, and 
any corporation acting as a common carrier, its officers, agents or ser¬ 
vants may lawfully ship, carry, take or transport either within or be¬ 
yond the confines of this State any such animal or animals or portion 
or portions thereof or bird or birds which may be consigned at any 
station in this State to any consignee in said State, where the nearest 
railroad route from such shipping point to any such destination within 
the State, leaves the confines of the State and re-enters the same. 

Sec. 6 . Unlawful to kill deer in red coat, etc., nor while in water: 
No person shall hunt, pursue or kill, or capture or attempt to hunt, 
pursue, kill or capture at any time or in any manner, any deer when 
it is in the red coat or any fawn in the spotted coat, or have in posses¬ 
sion the skin of such deer or fawn in the red or spotted coat; and 
having in possession such deer or fawn or the skin of such deer or fawn 
in the red or spotted coat shall be deemed prima facie evidence of a 
violation of this section. Nor shall any person hunt, pursue, kill or 
capture, or attempt to hunt, pursue, kill or capture any deer while it is 
in the water. 

Sec. 7. Squirrel season: No person shall pursue, injure, capture, 
kill, destroy, or attempt to pursue, injure, capture, kill or destroy any 
fox squirrel, American squirrel, black squirrel or gray, squirrel, save only 
from October fifteenth to November thirtieth, both inclusive, in each 
year; nor shall any person pursue, injure, capture, kill or destroy any 
such squirrel at any time in any public or private park, or in any in¬ 
corporated city or village. 

Sec. 8 . Lights not to be used in hunting deer: No person shall 
make use of any artificial light in hunting, pursuing or killing deer, or 
in attempting to hunt, pursue or capture, or kill any deer, and the 
wearing or having such light on the head or in possession in the woods 
shall be prima facie evidence of a violation of this section. 

Sec. 9. Dogs not be used in hunting deer; when dog may be 
killed: No person or persons shall make use of a dog in hunting, pur¬ 
suing or killing deer; the presence of a hound in the woods, hunting 
camp, logging camp or club house during the deer hunting season shall 


GAME LAWS. 


137 


be prima facie evidence of their unlawful use. Any dog pursuing, killing 
or following upon the track of a deer is hereby declared to be a public 
nuisance and may be killed by any person when so seen without criminal 
or civil liability. 

Sec. 10. Unlawful to kill pigeon, etc.; pheasants, grouse, etc., 
protected until 1910: No person shall kill, capture or destroy, or 
attempt to kill, capture or destroy by any means whatever, any mourning 
dove, or any Antwerp or homing pigeon within the limits of this State. 
It shall be unlawful to kill or capture, or attempt to kill or capture by 
any means whatever, any pinnated grouse, commonly called prairie 
chicken, or any Mongolian or English pheasants or any black fowl or 
capercailzie or any hazel grouse or any wild turkey or any wild pigeon 
until the year nineteen hundred ten, and then only at the time, in the 
manner and for the purpose authorized by law. 

Note: By Public Act No. 251 approved June 2, 1909, the killing or capturing 
of pinnated grouse commonly called prairie chicken is made unlawful at all times. 

Sec. 11. Quail protected till 1914: This section as originally en¬ 
acted protecting quail until 1907, was repealed in effect by the passage of 
Public Act No. 251 approved June 2, 1909, which provides as follows: 
“It shall be unlawful to kill, capture, injure or destroy in the State of 
Michigan, any Virginia partridge, commonly called quail, until the fif¬ 
teenth day of October, nineteen hundred and fourteen, and then and 
thereafter only between the fifteenth day of October and the thirtieth 
day of November, both inclusive, in each year.” 

Sec. 12. Partridge, etc., season: No person shall injure, kill or 
destroy, or attempt to kill, injure or destroy by any means whatever, 
any ruffed grouse, commonly called partridge, or any spruce hen, save 
only from October fifteenth to November thirtieth, both inclusive, in 
each year: Provided, however, That in the Upper Peninsula ruffed 
grouse, commonly called partridge, and spruce hen, may be killed from 
October first to November thirtieth, both inclusive, in each year. And 
it shall be' unlawful during the periods last above in this section mentioned, 
for any person to kill, injure, destroy or capture by any means whatever, 
a greater number of ruffed grouse or spruce hen than twelve in one day, 
and it shall be unlawful for any person to have in his possession or in 
the possession of any person, firm or corporation for him at any one 
time, more than fifty ruffed grouse or more than fifty spruce hen. 

Sec. 13 . Water fowl, etc.; proviso as to spring shooting; proviso 
as to geese, etc.; floating devices, etc.; gauge of gun; number which 
may kill in one day: No person shall injure, kill or destroy, or at¬ 
tempt to injure, kill or destroy by any means whatever any kind of wild 
duck, snipe, plover, wood cock, or any kind of wild water-fowl save 
only from September first in each year to January first of the year fol¬ 
lowing both inclusive and then only from one-half hour before sunrise 
until one hour after sunset of each day: (b) Provided, however, That 


188 


MICHIGAN FARM LAWS. 


in addition to the open season for wild fowl shooting hereinbefore in 
this section established, it shall be lawful to hunt and kill blue bills, 
canvas back, red head, widgeon, pin tails, whistlers, spoon bills, butter 
ball, and snipe, between the second day of March and the twenty-fifth 
day of April both inclusive in each year: And provided further, That it 
shall be lawful to hunt and kill wild geese, brant and fcaw bill ducks 
between the first day of September in each year and the first day of 
January in the year following and from the second day of March to 
the twenty-fifth day of April. No person or persons shall hunt, pursue, 
worry or kill any wild water fowl by any means whatever during such 
time, as said person or persons are upon any floating device or con¬ 
trivance propelled by or using any motor power, steam, gas, naptha, oil, 
gasoline or electricity or when upon any sail boat, nor shall any person 
or persons make use of any swivel or punt gun for killing any of the 
wild water fowl or make use of any battery, sink boat or similar device 
whatever, save only a gun of not greater size than ten gauge, such gun 
to be held in the hand at the time of firing, and it shall be unlawful 
for any person to kill in any one day more than twenty-five game fowl 
or birds mentioned in this section, and it shall be unlawful for any per¬ 
son to have at any time in his possession or in the possession of any 
person, firm or corporation for him, more than seventy-five such game, 
fowl or birds. 

Sec. 14. Traps, pitfalls, poison, not to be used; nests not to be 
destroyed, etc.: No person or persons shall at any time make use of 
any pit, pitfall, deadfall scaffold, cage, snare, trap, net, baited hook, or 
any similar device, or any drug, poison, chemical or explosive, for the 
purpose of injuring, capturing or killing any birds or animals protected 
by the laws of this State, nor shall any person at any time or in any 
manner whatever, injure, or destroy or rob the nest, or take, injure or 
destroy, or have in possession the eggs of any bird protected by the laws 
of this State; or molest, harass or annoy such birds upon their nests, 
except as herein provided. 

Sec. 15. Dogs, when not to be trained, etc.; proviso; further pro¬ 
viso as to firearms; exception: No person or persons shall molest 
harass or annoy or break, train or practice, any dog upon any game bird, 
or animal referred to in this act during their respective closed seasons: 
Provided, That it shall be lawful for any person or persons to train or 
practice dogs upon game birds for fifteen days next preceeding the open¬ 
ing of the ruffed grouse season in each year: Provided further, That 
it shall be unlawful for any such person to have in his possession any 
firearms while so engaged in training and practicing such dogs. Ex¬ 
cepting, however, that the State game and fish warden may in his dis¬ 
cretion issue to any bona fide field trial association within this State a 
permit to kill not to exceed twenty-five quail in any one year in con¬ 
nection with the field .trial exhibition of such field trial association. 

Sec. 16 . What considered “game birds:” For the purpose of this 


GAME LAWS. 


139 


act, the following shall be considered game birds: The Anatidae com¬ 
monly known as geese, brant and wild ducks; the Rallidae commonly 
known as rails, coots and gallinules; the Limcolae commonly known as 
shore birds, snipe, woodcock, plover, sandpipers, tatlers and curlews; the 
Gallinae commonly known as wild turkeys, pheasants, grouse, prairie 
chickens and quail. All other species of wild resident or migratory birds 
shall be considered non-game birds. 

Se.c 17 . Wild non-game birds; not to kill, etc.; unlawful to destroy 
eggs, etc.: No person within the State of Michigan shall kill, catch, 
or have in his or their possession any resident or migratory wild non¬ 
game bird, living or dead, or purchase, offer, or expose for sale, any 
such wild non-game bird, after it has been killed or caught, except as 
permitted by this act, and no part of the plumage, skin or body of any 
non-game bird protected by this act shall be sold or had in possession 
for sale, and this irrespective of whether said bird was captured or killed 
within or without this State, and no person within this State shall take 
or destroy, or attempt to take or destroy, the eggs of any wild bird, 
or have the eggs in his or their possession, except as permitted by this 
act. 

Sec. 18. Birds for scientific purposes: Section seventeen of this 
act shall not apply to any person holding a certificate giving the rights 
to take birds, their nests or eggs, for scientific purposes as hereinafter 
provided. Such certificates may be granted by a board to consist of 
three persons who shall be appointed annually, one by the president of 
the University of Michigan, one by the president of the Michigan Agri¬ 
cultural College, and one by the president of the State Normal College. 
Such board shall report annually on the first day of December, in writ¬ 
ing, to the governor, giving a detail of permits issued, amount of moneys 
received and how disbursed and any surplus over actual necessary ex¬ 
penses shall be turned over to the State treasurer and credited to the 
general fund. Such appointments shall be made on or before the fifteenth 
day of December in each year and the term of office of such appointee 
shall commence on the first day of January of the year following, such 
appointment and shall continue for one year from and after said date, 
last mentioned. To any person above the' age of fifteen years, who shall 
present written testimonials from two 'reputable ornithologists, certifying 
to the good character and fitness of said applicant to be entrusted with 
such privilege, such permit may be issued: Provided, That but one 
permit be issued to any one person and then only authorizing the person 
holding such permit to take one pair each of the birds and one nest and 
one nest of eggs of the kind of birds specified in such certificate: Pro¬ 
vided further, That the board, upon issuing such permits, shall keep 
a record of the same and immediately notify the State game and fish 
warden of the issuing of each permit, which notice shall state the name 
and age of the holder of the certificate and the kind of birds, nests and 
eggs authorized to be taken and the place or places where they propose 


140 


MICHIGAN FARM LAWS. 


to hunt the same. A fee of one dollar shall accompany such application 
for certificate. Such fee of one dollar shall go to said board to cover 
its necessary expenses. On proof that the holder of said certificate has 
violated the provisions of this act and has collected for other than 
scientific purposes, he shall be punished upon conviction of such offense 
as provided in section twenty-nine of this act. The certificates authorized 
by this act shall expire on the last day of December of the year of 
issuance and shall not be transferable, and shall not authorize the holder 
to take any blue bird or its nest or eggs, any kirtland warbler its nest 
or eggs, any scarlet tanager its next or eggs, or any red-breasted gros¬ 
beak its nest or eggs: Provided, That no person shall by himself, his 
clerk, servant or agent, expose or keep for sale, Of directly or indirectly, 
upon any pretense or any device, sell or barter, or in consideration of 
the purchase of any other property give to any person any of the birds, 
or any part of the birds taken under the provisions of this section. 

Sec. 19. Birds not protected: English sparrows, black birds, 
crows, cooper hawks, sharp shinned hawks and great horned owls are 
not included among the birds protected by this act: Provided, That 
said birds are not sold or offered for sale or shipped beyond the con¬ 
fines of this State. 

Sec. 20. Carcass, etc., not to have in closed season; provisos: No 

person shall have in his possession the dead body or carcass or skin, or 
any portion thereof, of any animal or bird mentioned or referred to in 
this act during the time when the killing of such animal or bird is 
unlawful, except as authorized by law, and excepting specimens, heads 
or pelts, prepared or mounted for scientific or educational purposes: Pro¬ 
vided, however, That any person may have in his possession, for thirty days 
after the closing of the season, deer lawfully killed during the open 
season, and may have in his possession for five days after the closing of 
the season, game birds and other animals lawfully killed during the open 
season: Provided further, That no person, corporation or transporta¬ 
tion company shall receive for transportation, or have in possession at 
the initial billing station, the carcass or dead body of any animal or 
bird mentioned or referred to in this act, after forty-eight hours im¬ 
mediately following the closing of the time when the killing of said 
animal or bird is authorized by law: Provided further, That any per¬ 
son engaged in rearing any of the animals mentioned in this act, within 
an enclosure, may kill for his own use and consumption at any time any 
of the said animals, and may sell and transport alive any of the said 
animals, when accompanied by a permit from the State game and fish 
warden; and it shall be the duty of the said game and fish warden to 
issue such permits upon application, when satisfied that such animals were 
so reared within an enclosure. 

Sec. 21 . Permit to non-resident to ship one deer: The State 

game and fish warden is hereby authorized to issue to any non-resident 
of this State, who has taken out a non-resident license to hunt for deer 


GAME LAWS. 


141 


in this State, a permit to take one deer out of this State, when fully 

satisfied such deer was lawfully killed by such non-resident, and is for 

the personal use of such non-resident, and that no part of same will be 
sold: Provided, That when the county clerk issues a license for killing 

deer he shall have the party, to whom the license is issued make oath 

that he will not sell, loan, give or in any way transfer said license; that 
he will not attach or allow to be attached the accompanying shipping 
tags to any deer or portion thereof, except such as he may have lawfully 
killed himself. 

Sec. 22. Prosecutions; what defense to show in certain: In all 

prosecutions for a violation of any of the provisions of this act, the person 
or persons claiming the benefit of section twenty must show affirmatively 
as a part of his defense on the examination or trial, that the animal or 
bird of which the dead body or carcass or skin, or any portion thereof, 
is shown to have been in his possession during the time when by law 
the killing of such animal or bird is unlawful, was killed at a time, and 
in the manner, and for the purpose authorized by law, and that his 
possession at the time complained of was for one of the purposes author¬ 
ized by said section, and it shall not be necessary for the prosecution to 
aver or prove that such possession was not for the purposes authorized 
by said section.. 

Sec. 23. Deer skins, permits'for transportation, etc.; proviso as 
to ducks, etc.: The State game and fish warden is hereby given 
authority to issue permits for the transportation and sale of deer skins 
at any season of the year when satisfied that the animals from which 
such skins were taken were killed at a lawful time and in a lawful 
manner; each hide so transported or sold shall have attached to it the 
original license tag, while being so transported or sold. All game being 
transported under cover, shall be plainly marked on outside of package 
such game is shipped in, with the name of the consignor and the con¬ 
signee, the initial point of billing, and the destination, together with an 
itemized statement of the quantity contained therein: Provided, No game 
birds shall be shipped by express, freight or baggage or in any other 
manner except as hand baggage: Provided, however, Nothing in this 
section shall apply to the interstate shipment of wild ducks or other 
migratory birds, as provided for in section twenty-seven of this act. 

Sec. 24. Each animal killed, etc., a separate offense; evidence: 
The injuring, destruction or killing or capturing or selling, or having in 
possession of each animal or bird injured, captured, killed or destroyed, 
sold or possessed contrary to the provisions of this act shall be a sep¬ 
arate. offense and the person so offending shall be liable to the penalties 
and the punishments herein provided for each offense. In all prose¬ 
cutions for a violation of any of the provisions of this act, proof of the 
possession of the dead body, carcass or skin, or any portion thereof, of 
any animal or bird mentioned or referred to in this act, except as here¬ 
inbefore provided at a time when the killing thereof is unlawful, shall 


142 


MICHIGAN FARM LAWS. 


be prima facie evidence that such animal or bird was killed at a time 
when the killing thereof was prohibited by law. All persons violating 
any of the provisions of this act, whether as principal, agent, servant or 
employe, shall be equally liable as principal, and any person or principal 
shall be liable for any violation of any of the provisions of this act, by 
his agent, servant or employe, done under his direction or knowledge. 

Sec. 25. Permits to kill, etc., for certain purposes: The State 
game'and fish warden is hereby given authority to issue permits to any 
person to take, capture or kill any animal or game bird mentioned in 
this act, at any time when satisfied such person desires the same ex¬ 
clusively as specimens or for scientific or propagating purposes. Such 
permit shall be in writing and shall state the kind and number to be 
taken, the manner of taking, the name of the person to whom issued, 
and shall be signed by him, and shall have attached the seal of his 
department; such permit shall not be transferable, nor shall it be lawful 
to sell or barter any of the game birds or animals taken under such per¬ 
mits, and the holder of such permit shall be liable to the penalties pro¬ 
vided in this act if he violates any of the provisions. A fee of one dollar 
shall accompany all said applications, which amount shall be immediately 
forwarded to the State treasurer and then credited to the State game 
and fish warden fund. 

Sec. 26. Park trustees may transport, etc.: The State game and 
fish warden may issue permits to the trustees or custodians of any 
public park to transport out of this State, any bird or animal held in 
such park, when satisfied that such transfer is for the purpose of ex¬ 
change with other public parks outside of this State; such permits shall 
not be transferable and shall be in writing, and issued under the seal of 
his department, and shall state the name and location of the public park, 
to whom issued, the kind and number of birds or animals to be so 
transferred, the name and location of the public park to which trans¬ 
ferred, the kind and number of birds or animals for which exchange 
is made. 

Sec. 27. Game warden issue certain permits; proviso as to duty 
of shippers; penalty for violation: The State game and fish warden 
may, in his discretion, on application and the payment of a ten dollar 
fee, issue to individuals owning lands in this State, or bona fide tnem- 
bers of clubs who own and maintain game preserves in this State, per¬ 
mits good for the yearly game season, to ship during the season fifty 
wild ducks or other migratory birds lawfully killed by him or them, 
on their own premises or the premises of the club of which he or they 
are members, to his or their respective homes out of the State: Pro¬ 
vided, The shipper shall, in each case, make and attach to the package 
containing such game, his own affidavit, a duplicate copy of which he 
shall immediately cause to be mailed to the State game 'and fish warden, 
setting forth that the wild game birds thus shipped, describing the same, 
were killed on his premises, or the premises of the club of which he 


GAME LAWS. 


143 


is a member, describing and designating such premises, and that the 
game was killed by himself, and is not for sale and will not be offered 
for sale. Any violation of the privileges herein given shall at once work 
a forfeiture of the permit granted, and each and every person guilty of 
violating this section shall be punished as provided in section twenty- 
nine-of this act. The money derived from the payment of fees prescribed 
in this section shall within ten days after the receipt thereof be for¬ 
warded by the State game and fish warden to the State treasurer, and 
deposited in the proper fund in the State treasury, and so much of said 
moneys as shall be so transmitted to the State treasurer shall be paid 
out by the Auditor General on his warrant, but only in payment for 
services rendered by the State game and fish warden and his deputies as 
allowed by law for such services and the necessary traveling expenses 
in enforcing the game and fish laws of this State, upon itemized bills duly 
certified by the State game and fish warden and allowed by the board of 
state auditors. 

Sec. 28. Warden to enforce act; Michigan Audubon Society; 
duty; bond: It shall be the duty of the State game and fish warden 
and all deputy wardens, sheriffs, deputy sheriffs and constables, to en¬ 
force the provisions of this act, and the Michigan Audubon Society, a 
body incorporated under the laws of the State of' Michigan, may name 
four persons to represent such society in carrying out the provisions of 
this act. Each person so named shall be duly appointed by the game 
and fish warden and shall be invested with and exercise all the powers 
of a deputy game, warden, but shall receive no compensation therefor 
from the State of Michigan or any county thereof. It shall be the duty 
of the Michigan Audubon Society to assign territory to the persons se¬ 
lected by them to carry out the provisions of this act as above provided 
and to require a monthly report from each of such persons. Upon com¬ 
plaint that such person or persons so appointed are negligent in their 
duties assigned to him or them in carrying out the provisions of 
this act, the said Audubon Society shall report the fact to the game 
and fish warden, who shall immediately remove such person or persons 
and upon recommendation of the Audubon Society shall make appoint¬ 
ment to fill the vacancy. In pursuance of this provision the said 
Michigan Audubon Society shall file a bond with the secretary of state 
in the amount of one thousand' dollars, with sufficient sureties, approved 
by the secretary of state. 

Sec. 29. Penalty for violation of act: Any person or persons 
violating any of the provisions of this act shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, for the first offense, shall 
be punished by a fine of not less .than ten dollars and not exceeding 
one hundred dollars, together with cost of prosecution, or by imprison- 
' ment in the county jail not exceeding ninety days, or by both such fine 
and imprisonment in the discretion of the court, and for the second or 
any subsequent offense, shall, upon conviction, be punished by a fine of 


144 


MICHIGAN FARM LAWS. 


not less than fifty dollars and not to exceed two hundred dollars, or by 
imprisonment in the county jail not exceeding one year, or by both such 
fine and imprisonment in the discretion of the court, and in all cases 
when a fine and cost is imposed the court shall sentence the offender to 
be confined in the county jail until such fine and costs are paid, for any 
period not exceeding the maximum jail penalty provided for such offense. 

II. Protection of European Partridge. 

Section 1. European partridge; protection of: For a period of 
five years from and after the passage of this act, it shall be unlawful to 
kill, capture, injure or destroy any Perdix Cinerea, commonly called 
European partridge, within the state of Michigan. 

Sec. 2. Penalty: Any person who shall be found guilty of vio¬ 
lating the provisions of this act shall be punished by a fine of not less 
than twenty-five dollars nor more than one hundred dollars, and costs 
of prosecution for each offense, or in default of payment of such fine 
and costs shall be confined in the county jail or Detroit house of correc¬ 
tion, until such fine and costs be paid, but not for more than ninety days. 

III. Hunting or Camping on Forest Reserve. 

Forest reserve; hunting or camping on: Act 299 of the public 
acts of 1907 withdraws from sale all Agricultural College lands situated 
in Alcona and Iosco counties, and declares such lands a forest reserve, 
under the management of the State board of agriculture, and provides, 
that “No person shall hunt or camp within the limits of said forest 
reserve without permission from the board or its agents in charge, and 
only so long as he complied strictly with the terms of such permit. And 
for any violation hereof the person so violating upon conviction thereof 
by any court of competent jurisdiction shall be punished by a fine of 
not more than one hundred dollars, or by imprisonment in the county 
jail not more than ninety days, or by both such fine and imprisonment 
in the discretion of the court.” 

IV. Possession, Use, Transportation and Sale of Fish and Game. 

Possession of fish and game; exceptions: No person shall at any 
time or in any manner acquire any property in, or subject to his dominion 
or control, any of the birds, game or fish, the killing, taking or . having 
in possession of which is at any time or at all times prohibited by any 
of the laws of this State, but they shall always and under all circum¬ 
stances and conditions be and remain the sole property of the State. By 
killing, catching or taking the same, however, in the manner and for 
the purposes authorized by law, and during the periods when their 
killing is not prohibited by law, the same may be used at the time, in the 



GAME LAWS. 


145 ’ 


manner and for the purposes expressly authorized by law but not other¬ 
wise. [5804.] 

Unlawful to catch fish and game to ship out of state; proviso: No 

person, company or corporation shall at any time catch, take or kill, or 
have in possession of or under control, any of the birds, game or fish 
of this State, the killing of which is at any time or at all times prohibited 
by law, with intent to ship the same beyond the limits of this State, or 
with intent to allow or► aid in their shipment out of this State; or shall 
ship or intentionally allow or aid in their shipment out of this State: Pro¬ 
vided, however, That fish taken, or caught in lakes Michigan, Superior, 
Huron and Erie, and the bays and harbors connected with said lakes, 
and the Sault Ste. Marie, St. Clair, Saginaw and Detroit rivers, may 
be sold, transported and shipped out of this State. [5805.] 

No person to have game or fish caught in' other states contrary 
to law: No person shall at any time have in possession or under 
control any bird, game or fish cought, taken or killed outside of this 
State, which was caught, taken or killed at a time, in a manner or for 
a purpose forbidden by the laws of the state, territory or country where 
the same was caught, taken or killed, or which was shipped out of said, 
state, territory Or country in violation of the laws thereof. [5806.] 

Evidence; what necessary to prove: The possession or having un¬ 
der control of any kind of bird, game or fish, the killing of which is at 
any time or all times prohibited by the laws of this State, shall be prima 
facie evidence that it was killed in this State, to disprove which it shall 
be necessary to show by the testimony of the party who actually caught, 
took, or killed the same, that it was killed outside of this state. ' When¬ 
ever it shall appear that any bird, game or fish of a kind, the killing of 
which is at any time or at all times prohibited by the laws of this State, 
was caught, taken or killed outside of this State, it shall be prima facie 
evidence that such bird, game or fish was caught, taken, or killed at a 
time, in a manner and for a purpose prohibited by the laws of the state, 
territory or country where it was caught, taken or killed, and was shipped 
out of said state, territory or country in violation of the laws thereof, to 
disprove which it shall be necessary to show by direct and positive evi- 
^ dence that it was killed at a time, in a manner and for a purpose permitted 
by the law of the state, territory or country where it was killed, and that 
its shipment out of said state territory or country was not forbidden by 
the law thereof. [5807.] 

Selling prohibited fish and game: No person, company or cor 
poration shall sell, or attempt to sell or expose for sale, or have in 
possession or under control, for the purpose of selling or exposing for 
sale, any kind of bird, game or fish at any time when the taking, catching 
or killing of such kind of birds, game or fish is prohibited by the laws 
of this State: Provided, however, That nothing in this act shall prevent 

10 m F l 


146 


MICHIGAN FARM LAWS. 


Uhe taking or catching alive of birds, game or fish for domestication, 
propagation or breeding purposes. [5808.] 

Quail, partridge or woodcock not to be bartered or sold: No 
person shall, by himself, his clerk, servant or agent, expose or keep for 
sale, or directly or indirectly, upon any pretense or any device, sell or 
barter, or in consideration of the purchase of any property, give to any 
other person any quail, woodcock or partridge in the state of Michigan. 
15809.] 

Penalty: Any person violating any of the provisions of this act 
shall be deemed guilty of a misdemeanor, and on conviction therof shall 
be punished by a fine of not less than ten dollars and not more than fifty 
dollars, and the costs of prosecution, and in default of payment thereof 
shall be confined in the county jail until such fine and costs shall be 
paid; but such confinement shall not exceed thirty days. [5810.] 

Prosecutions: All prosecutions under the provisions of this act 
shall be commenced within one year from the time such offense was com¬ 
mitted. [Refers to Sections 5804 to 5810 inclusive.] 

V. Regulating and Licensing the Use of Firearms in Hunting Deer. 

License required: That it shall not be lawful for any person 
4© hunt for or kill deer in this State without first obtaining a hunters' 
license permitting him to do so. [5792.] 

Resident to procure license: Any person who has been a bona 
Ude resident of this State for six months then last past may procure a 
Sumter’s license for himself, by filing his affidavit with the clerk of the 
■county where he resides, stating his name, age, place of residence, post- 
office address, the color of his hair and eyes and the fact of whether he 
can or cannot write his own name and paying to said clerk the sum of 
one dollar fifty cents. [5793.] 

Non-resident to procure license: Any non-resident of this State 
may procure a hunters’ license by filing his affidavit with the clerk of 
the county or one of the counties in which he proposes to hunt, stating 

bis name, age, place of residence, postoffice address, color of his hair 

and eyes and the county or counties in which he proposes to hunt and 
the fact of whether he can or cannot write his own name and paying 
to said clerk the sum of twenty-five dohars. [5794.] 

License; what to authorize: Such licenses shall be dated when 
issued and shall authorize the person named therein to use firearms in 
bunting for or killing deer for the deer hunting season of that year, but 
only in the manner and at the times provided by law: Provided, That 
nothing in this act or in the license issued thereunder shall be so construed 
as to permit the hunting or killing of deer in any county of this State, 
where the hunting or killing thereof is prohibited by law. [5995.] 

Duty of county clerks; must keep record: County clerks shall 

3sswe licenses under the seal of their office, to all persons complying with 


GAME LAWS. 


147 


the provisions of this act and shall sign the same and each coupon at¬ 
tached thereto and shall require the person to whom the license is issued 
to sign his name in the margin thereof, and if such applicant shall not 
be able to write, he shall certify such fact in the margin and have him 
sign by his mark and shall fill out correctly and preserve the blank 
stubs attached thereto. He shall keep a correct and complete record of 
all licenses issued in a book to be furnished by the secretary of this State, 
which record shall remain in his office and be open to the inspection of 
the public at all times. [5796.] 

Clerk’s fee; monies to be forwarded to state treasurer; disposition 
of monies: Such clerk shall retain for his own use out of the moneys 
received for each license issued the sum of twenty-five cents, which shall 
cover the swearing of the applicant to the affidavit herein referred to, 
and all other services under this act and shall pay^ the balance to the 
county treasurer of his count}^ on the first day of March, May, September 
and December of each year, specifying the amount thereof received for 
the resident and for non-resident licenses. Said county treasurer shall 
forthwith forward to the State treasurer all sums of money received 
my him for non-resident licenses and one dollar of each license fee 
received by him for resident licenses and the balance he shall hold in his 
hands to be used as hereinafter provided. The amount remaining in 
the hands of the county treasurer shall be paid out upon orders of the 
board of supervisors, but only for services rendered by sheriffs, constables, 
deputy game wardens and county game wardens, in enforcing the game 
and fish laws of this State in said county. All moneys tb be retained 
by the county treasurer under the provisions of this section against which 
orders have been drawn by the board of supervisors shall be paid into 
the State treasury at the expiration^ of one year after the year in which 
the license was issued. So much of said moneys as is paid into the State 
treasury shall be paid out by the auditor general upon his warrant, but 
only in payment for services rendered by the State game and fish warden 
and his deputies as allowed by law for such services, and the necessary 
traveling expenses in enforcing the game and fish laws of this State, 
upon itemized bills duly certified by the State game and fish warden and 
allowed by the board of state auditors, whose duty it shall be to audit 
and allow the same. [5797.] 

Secretary of state to furnish license, etc.; to furnish blank affida¬ 
vits; Number to be delivered to county clerk; Unused licenses to be 
returned to secretary of state: The licenses for residents and non¬ 
residents shall be printed by the secretary of state on the best tag board 
with coupons properly eyeletted, so different in color as to be easily dis¬ 
tinguished, and the resident and non-resident shall be numbered consecu¬ 
tively. The resident licenses shall be bound in book form of not less 
than fifty in each book and the non-resident licenses in not less than 
five in each book. The secretary of state shall also prepare and print 
blank affidavits for resident and non-resident hunters’ license, and shall 


148 


MICHIGAN FARM LAW'S. 


bind such affidavits in book form, the non-resident five and the resident 
not less than fifty in each book, which affidavits shall be numbered con¬ 
secutively and corresponding in number and color with the licenses. The 
secretary of state shall deliver to the clerk of each county as soon as 
this act goes into effect and at least ten days before the first day of 
September of each year thereafter fifty resident and five non-resident 
licenses and fifty resident and five non-resident affidavits, and as many 
more as may be required, and shall charge said clerk with the number 
so issued to him. On the fifteenth day of December of each year and 
within ten days thereafter, each county clerk shall return to the secretary 
of state all unused licenses and affidavits and used and unused stubs of 
licenses issued, with a report of the number of resident and non-resident 
licenses issued, amount of money received, amount retained by him and 
the amount paid over to the county treasurer of his county for resident 
and non-resident licenses issued. [5798.] 

Form of license, coupons, stubs, etc.: Said licenses, coupons 
and stubs shall be in the following form: 

State of Michigan, 

County of - 

I, ., clerk of said county, do hereby certify that 

., whose name is signed in the margin of 

this license in his own handwriting or who has made oath before me 
that he cannot write, has filed with me the affidavit required by law for 
a hunter’s license, stating therein that he is a resident of the State of 

. county of., and his postoffice address is 

., his age is . years, the color of his hair is., 

and the color of his eyes is . 

That he has paid me the sum of . dollars for this 

license and is authorized to hunt for, and kill with firearms, all deer 
which may be killed 'but which are protected by the laws of this State, 
but only at the times and places and in the manner provided by law. 

Dated .. 190- 

[seal.] 

Clerk. 

Signature of holder. 

Coupon No. 3. Hunter’s License No_ 

Issued by the clerk of . county, Michigan, on 

.., 190.... 

This coupon authorizes any person named in said license to ship 


















GAME LAWS. 


149 


one deer, or part thereof, to any point in Michigan but this coupon must 
accompany it. 


Clerk. (Signature of holder.) 

Witness . 

Agent. 

Coupon No. 2, Hunter’s License No. .. 


Issued by the clerk of .county, Michigan, on 

., 190.... 

This coupon authorizes any person named in said license to ship 
one deer, or part thereof, to any point in Michigan but this coupon 
must accompany it. 


Clerk. (Signature of holder.) 

Witness .. 

Agent. 

Coupon No. 1 , Hunter’s License No. 


Issued by the clerk of .county, Michigan, on 

..., 190.... 

This coupon authorizes any person named in' said license to ship 
one deer, or part thereof, to any point in Michigan but this coupon 
must accompany it. 


Clerk. 
Witness . . 

[stub.] 

Hunter’s License No... 

County of . 

Date of issue.. 

Issued to . 

Residence .. 

P. O. Address. 

Age .. 

Color of Eyes . 

Color of Hair ... 

Amount received, $. 


(Signature of holder.) 


Agent. 


Mich. 
.190.. 


[Sec. 5799.] 


Transportation, conditions of: It shall not be lawful for any 
railroad company, express company, boat or other transportation com¬ 
pany to transport any deer or part of a deer from one place to another 
in this State unless the shipper shall produce his license as provided in 
this act and sign and detach one coupon therefrom and attach the same 
to such deer or part thereof offered for shipment in the presence of the 


























150 


MICHIGAN FARM LAWS. 


shipping agent, and if he cannot write he shall sign by his mark, which 
agent shall sign such coupon as a witness and such coupon shall accom¬ 
pany the said deer or part thereof to its destination. [5800.] 

Penalty for refusal to exhibit license: Any person found hunting 
any deer protected by the laws of this State with any kind of fire-arms 
and who shall refuse to show. his license herein provided for, to any 
sheriff, deputy sheriff, constable, game warden, deputy game warden or 
county game warden on demand, shall be deemed and held to be guilty 
of violating the provisions of this section, in addition to violating any 
of the other provisions of this act, and may be fined upon conviction for 
such' refusal as provided in section twelve of this act. [5801.] 

Violations of act defined: Any person who shall procure a 
license under the provisions of this act by false swearing shall be guilty 
of perjury and any person who shall by fraud or false statements of 
any kind [or] of any person who shall attempt to or use the license of 
another or any person who shall loan or knowingly permit another to 
use his license or any person who shall use any coupon more than once 
or who shall remove or willfully destroy any coupon while attached to a 
deer or part thereof until after it reaches its destination shall be deemed 
to have violated the provisions of this act. And any county clerk who 
shall issue a license under the provisions of this act without receiving 
the amount of money herein provided therefor or who shall refuse or neg¬ 
lect to pay over any money received for his services as herein required 
shall be guilty of violating the provisions of this act and shall be personally 
liable for the amount of money he should have collected for such license. 
[5802.] 

Penalty: Any person or persons violating any of the provisions 
of this act shall upon conviction thereof be punished by a fine not exceed- 
one hundred and twenty-five dollars and costs of prosecution or by im¬ 
prisonment in the county jail not exceeding one hundred days or both 
such fine and imprisonment, in the discretion of the court, and the court 
shall sentence the offender to be confined in the county jail until such 
fine and costs are paid for any period not exceeding one hundred days, 
and in all cases where a fine and imprisonment is imposed, the sentence 
shall provide that if the fine and costs are not paid at the time such im¬ 
prisonment expires, the person serving out such sentence shall be further 
detained in jail until such fine and costs are paid, for any period stated: 
Provided, That the whole term of such imprisonment shall not exceed 
six months. [5803.] 

VI. Regulating and Licensing the Use Firearms, Etc. 


[Act No. 267 passed 1907.] 

Section 1. Non-residents to secure license: It shall not be law¬ 
ful for any non-resident person to hunt for or kill any game birds or 


GAME LAW'S. 


15 S 


animals protected by the laws of this State, except deer, without first 
obtaining a hunter’s license, permitting him to do so. 

Sec. 2. How license procured: Any non-resident of this State 
may procure a hunter”s license, by filing his affidavit or affidavits with 
the clerk of the county or one of the counties in which he proposes to 
hunt, stating his name, age, place of residence, postoffice address, color 
of his hair and eyes and the county or counties in which he proposes 
to hunt and the fact of whether he can or cannot write his own name, 
and paying to said clerk the sum of ten dollars for a hunter’s license, 
required by this section. 

Sec. 3. To authorize use of firearms; form of license; false state¬ 
ments; unlawful use of licenses: Such license shall be dated when 
issued and such hunter”s license shall authorize the person named therein 
to use firearms in hunting for or killing any of the game birds or animals 
except deer of this State during the open season for hunting such birds 
or animals, of that year, bua only on the manner and at the times pro¬ 
vided by law : Provided, That nothing in this act or in the license issued 
thereunder shall be so construed as to permit the hunting or killing of 
an} r animals in any county or portion of this State, where the hunting, 
or killing thereof is prohibited by law. Such licenses shall be prepared 
by the secretary of state, and in form substantially like licenses required 
for deer hunting, under the provisions of act number two hundred 
sixty-eight of the public acts of eighteen hundred ninety-seven, being 
sections five thousand seven hundred and ninety-two to five thousand 
eight hundred and three inclusive of the compiled laws of eighteen hun¬ 
dred ninety-seven, except that there Shall be no coupons thereon. And 
all provisions of said act, relative to the issuing of licenses, the printing 
and furnishing of same, penalty for procuring a license by false swear¬ 
ing and for illegally issuing licenses and all other parts of said act, not 
inconsistent herewith, shall apply to the making, securing and using 
licenses hereunder. 

Sec. 4. Disposition of moneys: Such clerk shall retain for his 
own use out of the money received for each hunter’s license issued, the 
sum of twenty-five cents which shall cover the swearing of the appli¬ 
cant to the affidavit referred to herein and all other services under this 
act and shall pay the balance to the county treasurer of his county ott 
the first day of March, May, September and December of each year, speci¬ 
fying the amount received for non-resident licenses, and the county treas¬ 
urer shall forthwith forward to the State treasurer all moneys so 
received by him and such moneys shall be paid out by the auditor general, 
on his warrant only for the same purposes for which money received for 
deer licenses, under the laws of this State, is paid. 

Sec. 5 . Transportation of game; proviso as to interstate ship¬ 
ments: It shall not be lawful for any transportation company to 
transport any game birds or animals from one place to another in this 
State, unless the shipper shall produce his license as provided in this act 


MICHIGAN FARM LAWS. 


152 

and the agent of any such company shall endorse on the back of such 
license, the number and kind of birds or animals shipped and the date 
of such shipment: Provided, however, That nothing in this section con¬ 
tained shall apply to the interstate shipment of wild ducks or other 
migratory birds as provided for in section twenty-seven of act number 
two hundred and fifty-seven of the public acts of the State of Michigan of 
nineteen hundred five. 

Sec. 6. Penalty for refusal to show license: Any non-resident 
person found hunting arty game birds or animals protected by the laws 
of this state, with any kind of firearms, who shall refuse to show his 
license herein provided for, to any sheriff, deputy sheriff, constable, game 
warden, deputy game warden or county game warden, on demand, shall 
be deemed and held to be guilty of violating the provisions of this sec¬ 
tion in addition to violating any of the other provisions of this act and 
may be punished upon conviction for such refusal, as hereinafter pro¬ 
vided. 

Sec. 7. Persons hunting on own land: The provisions of this 
act relative to procuring and using a hunter’s license shall not apply 
to persons hunting on their own land,. 

Sec. 8. Penalty: Any person or persons violating any of the 
the provisions of this act shall, upon conviction thereof, be punished by 
a fine not exceeding fifty dollars and costs of prosecution, or by impris¬ 
onment in the county jail not exceeding sixty days, or both such fine and 
imprisonment, in the discretion of the court, and the court shall sentence 
the offender to be confined in the county jail until such fines and costs are 
paid, for any period not exceeding sixty days, * * * . 

VII. Protection of Deer and Elk and Other Large Game in Certain 

Counties. 

a. Deer in Emmet, Cheboygan, Benzie, Leelanau and Bay counties for five 

(5) years from 1907. [Act No. 86 passed 1907.] 

b. Deer in Kalkaska county for five (5) years from 1905. [Act No. 300 passed 

1905.] 

c. Deer in Arenac county for five (5) years from 1907. [Act No. 28 passed 

1907.] 

d. Deer and elk on Island of Bois Blanc, Mackinac county, until January 1, 

1918. [Act No. 238 passed 1907.] 

e. Deer, elk, mouse, caribou, antelope and buffalo on Grand Island, Alger 

county for five (5) £ears from 1905. 

Note: By Public Act No. 167 approved June 1, 1909, it is made unlawful for 
any person or persons to knowingly trap, injure, kill or destroy by any means 

whatsoever, any deer, or the offspring thereof, which are kept within or which have 

escaped from any private enclosure. , 


GAME LAWS. 


153 


'VIII. Protection of Smaller Game and Birds in Certain Counties. 

a. Shooting of wild fowl prohibited in- Black River Lake and Black River. 

b. Killing of fox, gray or black squirrel, prohibited in the village of Paw Paw, 

or on sections 1, 2, 11 and 12 of Paw Paw township or on sections 6 and 7 
in the township of Antwerp in Van Buren county. 

c. Partridge, Manitoba grouse, dal-ryper and ptarnigan on Grand Island in 

Alger county. 

IX. Hunting on Enclosed Lands. 

Hunting on enclosed lands of another prohibited: It shall 
be unlawful for any person or persons to hunt for game with firearms, dogs, 
or otherwise on any enclosed lands or premises of another in any county 
of this State without the consent of the owner or lessee of such lands or 
premises. [5823.] 

Penalty for violation: Any person or persons violating the pro¬ 
visions of the foregoing section of this act shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall pay a fine not less than 
five nor more than twenty dollars, in the discretion of the court, and costs 
of prosecution. And in case the fine imposed and costs of prosecution 
shall not be paid, the defendant shall be confined in the county jail 
not less than five nor more than thirty days: Provided, however, That 
no complaint shall be made or entertained against any person for the 
violation of any of the provisions of this act, unless the same shall be 
made by the owner or lessee of the land or premises trespassed against 
[upon], [5824.] 

X. Negligent Shooting of Human Beings by Hunters. 

[Act No. 121 passed 1903.] 

Negligently shooting human beings, etc.; penalty: Whoever, 
while hunting or in the pusuit of game, negligently or careless-ly shoots 
and wounds or kills and human being, shall be punished by imprisonment 
not exceeding ten years, or by a fine not exceeding one thousand dollars. 

Who to prosecute: It shall be the duty of the prosecuting at¬ 
torney and sheriff in the county in which a violation of the foregoing 
section occurs, to forthwith investigate and prosecute every person who 
therein violates the provisions of this act. 

XI. Protection of Fur-Bearing Animals. 

[Public Act No. 183 approved June 1, 1909.] 

Section 1. All wild fur-bearing animals found in this state are 
hereby declared to be the property of the state. 


164 


MICHIGAN FARM LAWS. 


Sec. 2. No person shall take, trap, hunt, shoot, kill or molest or 
attempt to take, trap, hunt, shoot, kill or molest any bear, otter, fisher, 
marten, fox, mink, raccoon or skunk from and including the first day 
of April to and including the thirty-first day of October of each year, 
nor muskrat from and including the fifteenth day of April to and in¬ 
cluding the thirty-first day of October of each year, nor shall any person 
knowingly have in possession the carcass or skin of any one of the fur¬ 
bearing animals herein named that was killed during the time when the 
killing thereof is by this act prohibited. 

Sec. 3. No person shall destroy, disturb or molest any beaver house 
or muskrat house at any time nor at any time set any trap within six feet 
of a muskrat house; nor shall any person stake, put out or set muskrat 
traps at any time preceding the day on which the open season for the 
taking of muskrats begins. It shall be unlawful for any person to take 
trap, hunt, shoot, kill or molest or attempt to take, trap, hunt, shoot, kill, 
or molest, any beaver until after the thirty-first day of December in 
nineteen hundred twelve. 

Sec. 4. Nothing in this act shall prohibit any person from taking 
or killing at any time, on his own premises, fur-bearing animals, except 
beaver, when it can be shown that damage to his property is being done 
or is liable to be done by them. 

Sec. 5. Any person who shall violate any of the provisions of this 
act shall be deemed guilty of a misdemeanor, and upon conviction shall 
be punished by a fine of not less than five dollars nor more than fifty 
dollars, together with costs of prosecution, or by imprisonment in the 
county jail for not more than thirty days, or by both such fine and 
imprisonment in the discretion of the court. In any case in which a 
fine with costs is imposed, the court shall sentence the offender to be 
confined in the county jail until such fine and costs are paid, but for a 
period not exceeding the maximum jail penalty provided for the offense. 

Sec. G. All acts or parts of acts inconsistent with or in conflict with 
the provisions of this act arc hereby repealed. 

XII. Public Shooting Grounds. 

[Act. No. 66, passed 1891.] 

Section 1. Lands set apart: All of the lands belonging to the 
State of Michigan, and being in township sixteen north, range nine 
east, in Wild Fowl bay, in the county of Huron, in this State, 
commonly known as the “middle ground,” lying between [Maisou] 
Maison island, in Saginaw bay and the main land, shall be and is 
ground for the benefit and enjoyment of the people of this State. 


GAME LAWS. 


155 


Sec. 2. Who are trespassers: All persons who now have or 
shall hereafter locate upon or occupy any part of such lands, except 
as herein provided, shall be considered trespassers, and may be 
prosecuted as trespassers upon the public lands in the manner now 
provided by law. 

Sec. 3. Lawful to hunt in season: It shall be lawful for any and 
all persons to go upon any parts of said lands at any and all times 
permitted by the game laws of this State for the purpose of hunting 
or shooting wild fowl or game thereon; but no person or persons 
shall hunt or shoot wild fowl or game on said lands, or any part 
thereof, at any season or time or manner not permitted by the 
game laws of this State, and any person violating any game laws 
of this State by hunting wild fowl or game on any of said lands 
shall be punished as provided by law. 

Sec. 4 . Control of said lands: Said public shooting grounds shall 
be under the control of the commissioner of the state land office of this 
State. The said commissioner shall have authority to make, publish and 
enforce such reasonable, rules and regulations for the care and preser¬ 
vation of the said shooting grounds, for the maintenance of good order 
and for the protection of property as shall from time to time be deemed 
necessary or expedient. [Part of Sec. 4 as amended by Public Act No. 
241, approved June 2, 1909.] 

[Act 274, P. A. 1905.] 

Section 1. Unlawful to set fire: It shall be unlawful for any 
person or persons to set fire or to cause fire to be set on any of the 
public shooting grounds as designated in act sixty-six, public acts of 
eighteen hundred ninety-two. (a) 

Sec. 2. Unlawful to kill game during closed season: It shall 
be unlawful for any person or persons to hunt, trap, shoot, molest or annoy 
any wild game or wild water fowl on any of the lands or shores of the 
public shooting grounds as designated in act sixty-six, public acts of 
eighteen hundred ninety-one, or on the Dafoe or Maisou islands in the 
township of Fair Haven, or on the waters and marshes of Rush lake 
in the township of Lake, Huron county, except during the open seasons 
on ducks in each year. 

Sec. 3. Possession of firearms during closed season: It shall be 
unlawful for any person or persons to carry or have in possession any 
firearms during the closed seasons in each year on ducks, on the Dafoe 
or Maisou islands, in the township of Fair Haven; on the waters and 
marshes of Rush lake in the township of Lake, Huron county, and on 
the public shooting grounds as designated in act sixty-six, public acts 
of eighteen hundred ninety-one. 

Sec. 4. Penalty for violation: Any person violating any of the 


156 


MICHIGAN FARM LAWS. 


provisions of this act shall be deemed guilty of a misdemeanor and on 
conviction thereof shall be punished by a fine of not less than fifty dollars 
and not more than one hundred dollars, and the costs of prosecution, 
and in default of the payment thereof, shall be confined in the county 
jail until such fine and costs shall be paid, but such confinement shall 
not exceed ninety days. 

[Act 134, P. A. 1907.] 

Section 1. Protection of fur-bearing animals: It shall be unlaw¬ 
ful for any person or persons to kill, destroy or take, by any means 
whatsoever within the limits of the public shooting grounds, as desig¬ 
nated in act sixty-six, public acts of eighteen hundred ninety-one, any 
muskrat, mink or other fur-bearing animals, except during the months 
of November and December of each year. 

Sec. 2. Penalty: Any person violating any of the provisions of 
this act shall be deemed guilty of a misdemeanor and upon conviction 
thereof, may be punished by a fine of not to exceed thirty dollars for 
each offense, and in default of payment thereof, by imprisonment in the 
county jail not to exceed thirty days, or by both such fine and imprison¬ 
ment, in the discretion of the court. 

[Act 111, Laws of 1869.] 

Section 1 . Muskrats; killing of; in certain waters: No person 
or persons shall kill, destroy or take by any means whatsoever, within 
the limits of the marshes bordering on the waters of Lake Erie, Detroit 
river, River St. Clair, Lake St. Clair, Lake Huron and Lake Michigan, 
any muskrat found in said marshes, or in or on the banks of any 
bayous or creeks in said marshes, between the first day of April and the 
first day of December of each year. Any person violating the provisions 
of this act shall be deemed guilty of a misdemeanor and on conviction 
thereof may be punished by- a fine not to exceed five ($5) dollars for each 
offense, and in default of payment thereof, by imprisonment in the county 
jail not to exceed ten (10)" days or both such fine and imprisonment, 
in the discretion of the court. 

Sec. 2. Protection of muskrat houses: It shall be unlawful for 
any person or persons to destroy or disturb any muskrat house in said 
marshes, under a penalty of five dollars for each muskrat house destroyed 
in the violation of this act. 

Sec. 3. Penalties; how recovered: Every penalty prescribed by 
the preceding sections of this act shall be sued for in the name of the 
people of the State of Michigan, before any justice of the peace in the 
county where the alleged offense was committed, which suit shall be com¬ 
menced and carried on in the same manner .that prosecutions for misde¬ 
meanors are, and the penalties collected in pursuance of this act shall be 
paid into the county treasury of the county where the offense was com¬ 
mitted, for the support of the township libraries of such county. 


GAME LAW'S. 


157 


Sec. 4. Not to prevent killing where injury to property is done: 

This act shall not be so construed as to prevent the catching and killing 
of any animals specified in the foregoing sections, where there is danger- 
of their doing injury to property either public or private. 

[Act 112, P. A. 1895.] 

Section 1 . Public shooting grounds in Lake Erie; proviso as to 
fishing by the public: All that part of Lake Erie lying adjacent to 
the surveyed lands of Monroe and Wayne counties and any submerged 
lands within the surveyed lines of said counties and connected with Lake 
Erie and Detroit river, providing such surveyed lands are owned by the 
State of Michigan, shall be and hereby are set apart and dedicated for 
a public shooting or hunting ground for the benefit and enjoyment of 
the people of the State of Michigan, for a distance extending one mile 
into said Lake Erie, the eastern line of the submerged lands and wafers 
hereby reserved being one mile distant from the surveyed lines of the 
east side of said counties and parallel thereto: Provided, That this 
reservation and dedication shall not interfere with, or detract from, any 
rights or privileges as to fishing now enjoyed by any person or the 
public. 

Sec. 2. Who considered trespassers; proviso as to navigation: 

All persons who now have, or shall hereafter locate upon any part of such 
submerged lands or lake or occupy the same except as herein provided, 
shall be considered trespassers and may be prosecuted as trespassers 
upon the public lands in the manner now provided by law: Provided, 
That such waters shall be free for all purposes of navigation. 

Sec. 3. Unlawful to cut or destroy rushes or other vegetation; 
penalty for violation: It shall be unlawful for any person to cut, or 
otherwise destroy the rushes and other submarine vegetation growing 
on such reserve without the consent of the board of supervisors of said 
counties, and any person or persons who shall wilfully cut or destroy 
the same or cause the same to be done, knowingly, shall be guilty of a 
misdemeanor and shall be punished by a fine not exceeding one hundred 
dollars, or imprisonment in the county jail of said Monroe or Wayne 
county not exceeding ninety days. 

XIII. Use of Ferrets in Hunting Rabbits; Where Unlawful. 

[Act 198, P. A: 1905.] 

Section 1. Use of ferrets prohibited: It shall hereafter be un¬ 
lawful for any person or persons to use a ferret for the purpose of hunt¬ 
ing or killing rabbits in the counties of Tuscola, Lapeer, Cass, Kalamazoo, 
Saginaw, Paw Paw township in Van Buren, Charlevoix, Grand Traverse, 
Ingham, except in the city of Lansing and Lansing and Meridian town- 


158 


MICHIGAN FARM LAWS. 


ships,. Lake, Livingston, Washtenaw* Calhoun, Ottaw T a, Clinton, Kent, 
Macomb, Barry, Jackson, Monroe, (also Wayne county, Act No. 282, 
passed 1899), and in the county of Allegan except in the townships of 
Saugutuck, Ganges and Casco. 

Sec. 2. Penalty for violation: A violation of this act shall be 
punished by a fine of ten dollars and costs of prosecution, or imprisonment, 
until such fine is paid, not exceeding thirty days. 

Sec. 3. Repeals inconsistent acts. 

XIV. Hunting on Sunday; Where Unlawful. 

It shall be unlawful for any person to hunt for game with firearms, 
dogs, or otherwise, on Sunday on any lands or premises of another. 

a. In Oakland county. [Act 62, passed 1905.] 

. b. In Livingston county. [Act 273; passed 1905.] 

c. In Macomb county, and Greenfield, Redford, Plymouth, Gratiot, 
Hamtramck, Grosse Ponte, Northville and Livonia townships in Wayne 
county, excepting wild fowl may be shot in Detroit river, St. Clair river 
and Lake St. Clair in Wayne and Macomb counties. [Act 295, passed 
1907.] 

XV. Shooting Wild Geese and Brant in Chippewa County. 

Sec. 1. It shall be unlawful to hunt and kill wild geese and brant 
in the county of Chippewa from January first to December thirty-first 
both inclusive, in each year. 

Sec. 2 . Repeals inconsistent acts. 

[Act 283, P. A. 1897.] 

Section 1 . Unlawful to wilfully scare or drive wild fowl from per¬ 
sons hunting: penalty: It shall be unlawful for any person or persons 
to wilfully scare or drive, w r ild ducks or other wild water fowl, or cause 
the same to be done, from any person lawfully hunting the same on the 
public waters of that part of Lake Erie within the State of Michigan, 
for the purpose of depriving or attempting to deprive such person of 
any or all of his opportunities of shooting or hunting such wild ducks or 
other wild water fowl, and every person so offending, upon conviction, 
shall pay a penalty of twenty dollars and costs of suit. 


CHAPTER 15. 
Grist Mills. 


I. Scales to be kept for weighing grain, flour, etc. 

II. Rates of toll for grinding, etc. 

I. Scales to be Kept, Etc. 

Miller to keep scales, etc., and weigh grain, flour, etc.: Every 
miller occupying and using a grist mill, shall be provided with scales 
and weights, or a vibrating steelyard, to weigh corn, grain, flour and 
meal, delivered at and taken from the mill, if required; and if he shall 
neglect to keep himself so provided, or shall refuse so to weigh corn, 
grain, flour, or meal, when required by any person delivering or taking 
away the same, he shall forfeit, for each neglect or refusal, not less than 
one dollar, nor more than five dollars. [5069.] 

II. Rates of Toll for Grinding. 

Rates of Toll: The toll for grinding and bolting any wheat, rye, 
or other grain, shall not exceed one-tenth part thereof; for grinding, 

and not bolting, any wheat, rye, or other grain, except Indian corn, 

the toll shall not exceed one-twelfth part thereof; and for grinding 

and not bolting, Indian corn, the toll shall not exceed one-tenth part 
thereof. [5070.] 

Owner, etc., to grind grain in order brought in, etc: The 

owner or occupier of any grist-mill doing custom work for toll shall 
well and sufficiently grind the grain brought to his mill for that pur¬ 
pose in due time, and in the order in which it shall be received, and 
shall be accountable for the safe keeping of all grain received in such 
mill for the purpose of being ground therein, and shall deliver the same 
when ground, or ground and bolted, as the case may be, with the bag 
or cask in which it was brought, when demanded, but every owner or 
occupant of a mill may grind his own grain at any time. [5071.] 

Construction of last section: Nothing contained in the last 

section shall be so construed as to charge the owner or occupant of 
any mill for the loss of any grain, bag or cask, "which shall happen, by 
fire or inevitable accident, without the fault of such owner or occupant, 
his agent or servants. [5072.] 

Liability for not properly grinding, or taking undue toll: Every 
miller, or owner, or occupant of a grist-mill doing custom work for 

159 


160 


MICHIGAN FARM LAWS. 


toll, who shall not well and sufficiently grind any grain as aforesaid,, 
or not in due time as the same shall be brought, or who shall exact or 
take more toll than is herein allowed, shall, in every such case, be liable 
to the party injured in the sum of five dollars damages, over and above 
the actual damages sustained thereby. [5073.] 


CHAPTER 16. 


Husband and Wife. 

I. General provisions. 

II. Provision for wives from their husband’s property, when neglected or 

deserted by husbands, etc. 

III. Care and custody of minor children in case of separation of husband and 

wife. 

IV. Rights of married women. 

V. Insurance on lives for benefit of married women. 


I. General Provisions. 

When husband abandons wife, certain powers may be granted to 
her: When any married man shall absent himself from the state, 
abai Jonirg his wife, and not making sufficient provision for her main¬ 
tenance, if the wife is of the age of twenty-one years, the probate court 
of the county in which she resides may, on her petition, authorize her to 
sell and convey or lease her real estate, or any part thereof, and also 
to sell and dispose of any personal estate which shall, at any time, have 
come to the husband, or to which he may be entitled, by reason of the 
marriage, and which may remain in this state undisposed of. [8659.] 

Authority may be given to deliver property to wife, etc.: The 
probate court may also, upon the petition of the wife, authorize any 
person owing or holding any money or other personal estate, to which 
the husband is entitled in her right, to pay and deliver the same to the 
wife, and may authorize her to give a discharge for the same, which 
discharge shall be as valid as if made by the husband. [8660.] 

Proceeds of sales, etc., may be disposed of by wife: All the pro- 
' ceed.s of such sales, and all other money and personal estate, which shall 
com- to the hands of the wife by force of this chapter, may be used and 
disposed of by her during the absence of her husband, as her own 
pro? rty, in the same manner as if she were unmarried. [8661.] 

^ourt may authorize contracts by married woman, etc.: The 
sai- :ourt may further authorize such married woman to make any 
con ct, under seal or otherwise, in her own name, and also to corn- 
met , prosecute and defend any suit or suits in law or equity, to final 
judi nent and execution, in like manner as if she were unmarried. [8662.] 
Deeds, etc., may be executed by her: Every woman authorized 
may make and execute any deeds and other instruments, in her own 
name, and do all other lawful acts that may be necessary or proper to 
carry into effect the powers so granted to her. [8663.] 

How long powers to continue: The power so granted to a mar- 
11 MFt 161 


162 


MICHIGAN FARM LAWS. 


ried woman, shall continue, and may be exercised, until her husband 
shall return into this state and claim his marital rights. [8664.] 

Effects of contracts: All contracts lawfully made by any mar¬ 
ried woman, by virtue of such power, shall be binding on her and 
her husband, in like manner as if their marriage had taken place after 
the making of such contracts; and she shall, during the absence of her 
husband from the state, be liable to be sued thereon as. if she were 
unmarried. [8665.] 

Liability of married women: She shall also be liable to be sued, 
in like manner, for all other acts done, or liabilities incurred by her 
during the continuance of the power so granted to her. [8666.] 

Husband may become party to suits: No suit wherein such wo¬ 
man shall be a party, under the provisions of this chapter, shall be 
abated by the return of her husband into the state, but he may, on his 
application, be admitted to prosecute or defend the suit jointly with her, 
in like manner as if they had intermarried after the commencement of 
the suit. [8607.] 

Suit to proceed if husband does not become a party: If the hus¬ 
band shall not be admitted as a party to the suit, it shall proceed to 
judgment and execution as if he had not returned to the state; and 
any judgment recovered against the wife may be enforced against him, 
in like manner as if it had been rendered against her before their inter- 
jnarriage. [8668.] 

Petition to probate court, notice and hearing: Every petition of 
a married woman for the purposes mentioned in the preceding sections 
of this chapter, shall be verified by the oath of the petitioner, and upon 
the presentation thereof, the probate court shall appoint a time and place 
of hearing, and shall cause a notice of hearing to be given, either by 
publishing the same in a newspaper for three successive weeks, or by 
posting up copies thereof at least three weeks before such hearing, in 
such places as the court may direct. [8669.] 

When husband sentenced to imprisonment, wife may have certain 
powers: When any marrried man shall be sentenced to confinement 
in the state prison, his wife may, on her petition to the probate court 
of the county in which she resides, be authorized to sell and convey 
her estate, and do any or all other acts which may, according to the 
provisions of this chapter, be done by a married woman, when authorized 
as before provided, in the absence of her husband, and with the like 
effect in all respects; and the authority so granted to the wife of a 
convict, may continue and be exercised until the discharge of her hus¬ 
band from prison. [8670.] 

Petition by wife of convict: The petition of the wife of such 
convict shall be presented, and the proceedings thereon conducted in the 
same manner as in the case of the petition of a married woman whose 
husband has absented himself from the state, except that where evi¬ 
dence- of the sentence of the husband shall be furnished at the time of 


HUSBAND AND WIFE. 


163 


presenting the petition, it shall not be necessary to defer the hearing 
or give notice thereof. [8671.] 

Wife may join guardian in conveyance, etc.: When the guard¬ 
ian of any married man shall be duly licensed to sell the real estate 
of his ward, the wife of the ward may, if she thinks proper, join with 
the guardian in the conveyance, and thereby release her right of dower 
in the granted premises, in like manner as she might have done by 
joining in a conveyance thereof made by her husband, if he had been 
under no legal disability. [8672.] 

Same: When such guardian shall be licensed to sell the interest 
of the ward in any real estate of his wife, the wife may, if she thinks 
fit, join with the guardian in the conveyance, and thereby sell and con¬ 
vey all her estate and interest in the granted premises, in like manner 
as she might have done by joining in a conveyance thereof made by 
her husband, if he had been under^ no legal disability. [8673.] 

Release of dower, etc.: In case of any such release by the wife 
of her right of dower, or of any such conveyance of her own estate, the 
proceeds of the sale may be so invested and disposed of, as to secure 
to her the same right, use and benefit of the principal sum and the 
income thereof, that she would have had in such real estate' and the 
income thereof, if it had not been sold. [8674.] 

Agreement between wife and guardian: Any agreement made 
between the wife and the guardian of her husband, for securing and 
disposing of the proceeds of any such sale, or any part of such pro¬ 
ceeds, for the purpose mentioned in the preceding section, being ap¬ 
proved and confirmed by the judge of probate who granted the license 
to sell, or by the circuit court on an appeal from the decision of the 
judge of probate, shall be valid and binding upon all persons interested 
in the estate and may be enforced by an action at law, or a suit in 
chancery. [8675.] 

When real estate of married woman taken for public use: When 

the real estate of any married woman shall be taken for any public 
use, or shall be damaged by the laying out and establishing of a high¬ 
way, railroad, turnpike, or other public work, the damages or compen¬ 
sation awarded therefor may be so invested and disposed of, as to se¬ 
cure to her the same right, use, and benefit of, and in the sum so 
awarded, and the income thereof, as she would have had of and in the 
real estate and the income thereof, if it had not been so taken and 
damaged. [8676.] 

Probate court may make decrees for securing rights of wife: On 

application of any such woman to the probate court of the county in 
which such real estate is situated, or of the county in which she re¬ 
sides, such court may hear and determine the case, and may make all 
such orders and decrees as shall be necessary and proper to enforce and 
secure her said rights and interests. [8677.] 

Married woman coming from another state or country, without 


164 


MICHIGAN FARM LAWS. 


her husband: When any married woman shall come from any other 
state or country into this state, without her husband, he having never 
lived with her in this state, she may transact business, make contracts, 
and commence, prosecute and defend suits in her own name, and dispose 
of her property which may be found in this state, or which she may 
acquire, in like manner, in all respects, as if she were unmarried. [8678.] 

Powers and liabilities of such married woman: Such married 
woman shall be liable to be sued as if she were unmarried, upon all 
contracts, and for all other acts, made or done by her after her arrival 
in this state; and she may make and execute any deeds and other in¬ 
struments, in her own name, and do all other lawful acts, that may 
be necessary and proper to carry into effect the powers herein granted 
to her. [8679.] 

Husband coming into this state and claiming marital rights; 
effect of: If the husband of any such woman shall afterwards come 
into this state, and claim his marital rights, his arrival here shall have 
the same effect, with regard to any suit then pending, in which she is a 
party, and to any contract made, or business transacted by her under 
the power granted to her by the provisions of this chapter, as if they 
had been just married at the time of his arrival here, and shall have 
no other effect. [8680.] 

Wife of ward' may join in partition of her real estate: The wife 
of'any man who is under guardianship, may join with the guardian in 
making petition of her own real estate, held in joint tenancy or in com¬ 
mon, and may jointly with such guardian, make any release or other 
conve 3 r ance necessary or proper for that purpose, in like manner as she 
might have done with her husband, if he had been under no legal 
disability. [8681.] 

Powers of wife on divorce from bed and board: Upon a divorce 
from bed and board, the wife shall have the same powers and rights 
in respect to her real and personal estate, and to such as she may 
afterwards acquire, and shall be subject to the same liabilities in all 
respects as an unmarried woman, and may sue and be sued in her own 
name in like manner. [8682.] 

Rights of married woman in relation to property owned by her: 

Any real or personal estate which may have been acquired by any female 
before her marriage, either by her own personal industry, or by in¬ 
heritance, gift, grant or devise, or to which she may at any time after 
her marriage be entitled by inheritance, gift, grant or devise, and the 
rents, profits and income of any such real estate, shall be and continue 
the real and personal estate of such female after marriage, to the same 
extent as before marriage, and none of said property shall be liable 
for her husband’s debts, engagements or liabilities; but such property 
shall be liable for all debts of the wife contracted prior to her said 
marriage: Provided, That nothing in this section contained shall be 
construed to authorize any married woman to give, grant or sell any 


HUSBAND AND WIFE. 


165 


such real or personal property during coverture, without the consent 
of her husband, except by order of the judge of probate, or the proper 
court of the county: And provided, further, That upon a separation 
between such husband and wife, saving by an adjudication of court, such 
married woman shall in no case be authorized to remove any such 
property from the premises of her husband without his. consent. [8683.] 

Concurrent jurisdiction in cases arising under last section: The 
circuit court for the county where the parties, or either of them, reside, 
shall have concurrent jurisdiction with the court of chancery in all 
cases arising under the provisions of the preceding section, and the wife 
may institute proceedings to enforce the said provisions, in her own name 
or otherwise. [8684.] 

Estate of the husband by curtesy: If any married woman shall 
die without disposing of any such real estate, the husband surviving her 
shall have a life estate therein by the curtesy. [8685.] 

II. Provision of Wives from their Husbands Property v/hen Neg¬ 
lected or -Deserted by Husband, Etc. 

Court may require husband to support wife; costs of proceedings, 
etc.: Whenever a husband shall, without good and sufficient cause, 
desert his wife, or shall have hereafter deserted his wife without a good 
and sufficient cause, being of sufficient ability to support her, or shall 
have become an habitual drunkard since their marriage, or practiced 
extreme cruelty towards her, or committed the crime of adultery, or 
any other offense that entitles the wife to a decree of divorce or of 
separation, and shall refuse and neglect to support his wife, either the 
wife or husband being a resident of this state, the circuit court in chancery 
of any county in this state in which said husband or wife shall reside, 
shall on the application of the wife by petition, allot, asign, set apart and 
decree to her as alimony the use of such part of her husband’s real and 
personal estate, or such proportion of his earnings, income or revenue 
as the court may determine, in its discretion, and during the pending 
of the proceeding may require the husband to pay such sums to carry 
on the proceeding, or for her support, as it shall deem necessary, in like 
manner as provided by section six thousand two hundred and thirty-five 
of Howell’s statutes, being four thousand seven hundred and forty-five 
of the compiled laws of eighteen hundred and seventy-one, in case of 
suit for divorce: Provided, That no decree shall be made in favor of 
the petitioner unless on the hearing either such a state of facts shall 
appear as would entitle her, as far as the husband’s wrongful acts are 
shown, to a decree for divorce upon the grounds specified in the petition, 
or unless such a slate of facts set out in the petition shall be proven 
as shall make it appear that the respondent had deserted the petitioner 
with intent to leave her without adequate means of support without good 
and sufficient cause, and the husband shall be permitted to allege in his 
answer to the petition any facts which would prevent or bar a divorce 


166 


MICHIGAN FARM LAWS. 


upon the grounds alleged in said petition, and to make proof of the 
same in conformity with such Answer: And provided further, That an 
appeal from the final order or decree may be taken to the supreme court 
as in chancery cases, except that if the wife shall take such appeal she 
shall not, in the discretion of the court, be required to file an appeal 
bond. [8686.] 

When order for appearance to be published, etc.; proviso; in¬ 
junction, when to be granted, etc.; further proviso; execution: 

Whenever in such a proceeding as the preceding section 'authorized, a 
petition shall be filed by the wife, writ of subpoena may be issued to 
be served and returned as in ordinary chancery suits, and if upon the 
filing of such petition or the return of such subpoena unserved, it shall 
be made to appeal, that the husband has .left, or is out of the state, 
or has concealed himself so that service of process is impossible, the 
court may make an order for his appearance to be published for the 
same time and in the same manner as the statute provides in chancery 
proceedings and suits generally: Provided, That if upon the filing of 
such petition it shall be made to appear to- the circuit judge that the 
husband has property, real or personal, credits, stocks or securities, which 
there is good reason to believe he will dispose of to avoid the decree of 
the court, the court may grant an* injunction restraining the sale and 
incumbrance of such property, stocks and securities and the collection 
of such credits, and notice of such injunction served upon any person 
who is the agent of the husband or his debtor or the secretary of any 
corporation in which he holds stock, or upon the register of deeds, shall 
enjoin them from taking any part in aiding the transfer or incumbrance 
of such property and from the payment of such debts, and be notice to 
any and all persons to whose knowledge it shall be brought, and operate 
as an attachment on property in the hands of that person, but such in¬ 
junction shall not be held to affect the duty of. a register of deeds to 
record any deed or other instrument, properly executed, delivered to him 
for that purpose: And provided further, That to enforce its decree said 
court may cause execution to be issued and levied upon any of the hus¬ 
band’s estate found in the state, including stock in any corporation, and 
that where choses in action are due and owing the husband from any 
resident of the state the said court may, upon thirty days’ notice given 
to the defendant personally, if - he is a resident, but by publication if 
concealed or a non-resident, once in each week for said thirty days in 
some newspaper published in the county in which said action is pending, 
order, decree and direct that the same be sold in the same manner as 
personal chattels ar*e sold upon execution from the courts of record. [8687.] 

Court may decree concerning care, etc., of children; may assign 
to wife possession of estate of husband during proceedings; support 
of wife and children; court may change allowance: In all proceed¬ 
ings brought pursuant to this act, the court may order and decree con¬ 
cerning the care, custody, and maintenance of the minor children of 


HUSBAND AND WIFE. 


167 


the parties, and may determine with which of the parties the children, 
or any of them, shall remain, and during the pendency of the proceeding, 
may assign and decree to the wife the possession of any of the real and 
personal estate of the husband, and the court may decree the payment 
of a fixed sum of money for the support of such wife and minor children, 
and that the payment of the same be secured upon real estate, or other¬ 
wise, at such times and in such manner as may be proper, and may 
enforce the performance of such decree by the sale of the real estate of 
the husband, or otherwise, as may be necessary. And the court shall 
have power to change the allowance from time to time, according to 
circumstances, and may evoke such allowance altogether on satisfactory 
proof of a voluntary and permanent reconciliation: Provided, however, 
That such allowance shall be only during the joint lives of such hus¬ 
band and wife. [8688.] 

III. Care and Custody of Minor Children in Case of the Separation 
of Husband and Wife. 

Care and custody of minor children when husband and wife sep¬ 
arate: In case of the separation- of husband and wife having minor 
children, the mother of said children shall be entitled to the care and 
custody of all such children under the age of twelve years, and the 
father of such children shall be entitled to the care and custody of all 
such children of the age of twelve years or over: Provided, That any 
probate court or any court of competent jurisdiction, may, on petition 
and hearing thereof, make and enforce such order or orders as ic may 
deem just and proper as to the care and custody of such minor children, 
excepting in cases where an order or decree may have been made by 
any court in chancery regarding such children: And provided, further, 
That nothing in this act shall prevent any court of competent juris¬ 
diction from making and enforcing any such order or orders as it may 
deem just and proper as to the care and custody of such minor children 
in the same manner and with like effect as it could if this act had not 
been passed. [8689.] 

Rights of Married Women. 

Property of married women not liable for husband’s debts; she 
may contract, sell, etc., as if unmarried: The real and personal prop¬ 
erty of every female, acquired before marriage, and all property, real and 
personal, to which she may afterwards become entitled, by gift, grant, 
inheritance, devise, or in any other manner, shall be and remain the 
estate and property of such ferrjale, and shall not be liable for the debts, 
obligations and engagements of her husband, and may be contracted, sold, 
transferred, mortgaged, conveyed, devised or bequeathed by her, in the 
same manner and with the like effect as if she were unmarried. [8690.] 

Trustee may convey to her: Any person who may hold, or who- 
may hereafter hold, as trustee for any married woman, any real or. 


168 


MICHIGAN FARM LAWS. 


personal estate or other property, under any deed of conveyance or 
otherwise, may convey to such married woman, by deed or otherwise, 
all or any portion of such property, or the rents, issues and profits 
thereof, for her sole and separate use and benefit. [8691.] 

Actions by and against: Actions may be brought by and against 
a married woman in relation to her sole property, in the same manner 
as if she were unmarried, and in cases where the property of the husband 
cannot be sold, mortgaged or otherwise encumbered, without the consent 
of his wife, to be given in the manner prescribed by law, or when his 
property is exempted by law from sale on execution or other final process 
issued from any court against him, his wife may bring action in her 
own name, with the like effect as in cases of. actions in relation to her 
sole property as aforesaid. [8692.] 

Husband not liable on her contracts: The husband of any mar¬ 
ried woman shall not be liable to be sued upon any contract made by 
such married woman in relation to her sole property, and the wife shall 
be liable to be sued upon any contract or engagement made by her in 
cases where her husband is not in law liable, or where he refuses to 
perform such contract or engagement, and in any case herein authorized, 
the cause of action shall be deemed to have accrued from and after the 
passage of this act. [8693.] 

Ante-nuptial contracts binding: All contracts made between 
persons in contemplation of marriage, shall remain in full force after 
marriage takes place. [8694.] 

V. Insurance on Lives for the Benefit of Married Women. 

Married women may insure life of husband, etc.: It shall be 
lawful for any married .woman, by herself, and in her name, or in the 
name of any third person, with his assent, as her trustee, to cause to be 
insured for her sole use, the life of her husband or the life of any other 
person, in any life insurance company of any nature whatever, located in 
either of the states of the United States of America or in Great Britain, 
for any definite period, or for the term of his natural life, and in case of 
her surviving her husband, or such other person insured in her behalf, 
the sum or net amount of the policy of insurance due and payable by 
the terms of the insurance, shall be payable to her, to and for her own 
use, free from the claims of the representatives of her husband, or of 
such other person insured, or of any of his creditors, but such exemp¬ 
tion shall not apply where' the amount of premium annually paid shall 
•exceed the sum of three hundred dollars: [8695.] 

When insurance may be payable to her children: In case of the 
death of the wife before the decease of her husband, or of such other 
person insured, the amount of the insurance may be made payable after 
her death to her children, for their use, and to their guardian, if under 
age, or the amount of the policy may be disposed of by such married 
'.woman by a last will and testament. [8696.] 


CHAPTER 17. 

Holidays and Other Designated Days. 

Public holidays designated; proviso as to Saturdays; proviso 
as to suits, etc.; proviso as to circuit courts; proviso as to legal 
process: The following days, viz.: The first day of January, com¬ 
monly called New Year’s Day; the twelfth day of February, commonly 
called Lincoln’s birthday; the twenty-second day of February, com¬ 
monly called Washington’s Birthday; the thirtieth day of May, com¬ 
monly called Decoration Day; the fourth day of July; the First Monday 
of September, commonly called Labor Day; the twenty-fifth day of De¬ 
cember, commonly called Christmas Day; every Saturday from twelve 
o’clock noon until twelve o’clock at night, which is hereby designated a 
half holiday; all national, state, county or city election days, and any 
day appointed or recommended by the Governor of this State, or the 
President of the United States as a day of fasting and prayer or thanks¬ 
giving, shall for all purposes whatever as regards the presenting for 
payment or acceptance, and of the protesting and giving notice of the 
dishonor of bills of exchange, bank checks and promissory notes, made 
after this act shall take effect, also for the holding of courts, except as 
hereinafter provided, be treated and considered as the first day of the 
week, commonly called Sunday, and as public holidays or half holidays; 
and all such bills, checks and notes otherwise presentable for acceptance 
or payment on any of the said days shall be deemed to be payable and 
presentable for acceptance or payment on the secular or business day 
next succeeding such holiday or half holiday: Provided, That in con¬ 
struing this section, every Saturday unless a whole holiday, as aforesaid, 
shall for the holding of court and the transaction of any business author¬ 
ized. by the laws of this State be deemed a secular or business day: 
Provided also, That in case the return or adjourn day in any suit, matter 
or hearing before any court, officer, referee or arbitrators shall come on 
any of the days first above named, except Sunday, such suit, matter or 
proceeding, commenced or adjourned as aforesaid, shall not, by reason 
of coming on any of such days except Sunday, abate, but the same shall 
stand continued on the next succeeding day, at the same time and place 
unless the next day be the first day of the week, or a holiday, in which 
case the same shall stand continued to the next day succeeding said first 
day of the week or holiday, at the same time and place: Provided further, 
That whenever the first day of the general term of any circuit court, 
as fixed by the order of a circuit judge shall fall upon either of the 
days first above named or whenever any circuit court shall be adjourned 
to any of the days first above named, such court may be adjourned to 

169 


170 


MICHIGAN FARM LAWS. 


the next succeeding secular day: And provided further, That nothing 
herein contained shall be construed to prevent or invalidate the entry, 
issuance, service or execution of any writ, summons or confession of 
judgment or other legal process whatever, holding courts or the transac¬ 
tion of any lawful business except banking on any of*the Saturday 
afternoons herein designated as half holidays, nor to prevent any bank 
from keeping its doQrs open or transacting its business on any of the 
said Saturday afternoons, if by a vote of its directors it elects to do so. 
[4880 as amended by Public Act No. 246, approved June 2, 1909.] 

When holidays fall on Sunday: Whenever the first day of Janu¬ 
ary, the twelfth day of February, the twenty-second day of February, 
the thirtieth day of May, the fourth day of July or the twenty-fifth day 
of December shall fall upon Sunday, the next Monday following shall 
be deemed a public holiday for all or any of the purposes aforesaid: 
Provided, however, that in such cases all bills of exchange, checks and 
promissory notes made after the passage of this act, which would other¬ 
wise be presentable for acceptance or payment on said Monday, shall be 
deemed to be presentable for acceptance or payment on the secular or 
business day next succeeding such holdiay. [4881 as -amended by Public 
Act No. 246, approved June 2, 1909.] 

Note: October twelfth, 1900, and each year thereafter, is made a legal holiday 
to be known as “Columbus Day” but not affect commercial paper, agreements, or 
interfere with judicial proceedings. [Public Act No. 25S, approved June 2, 1909.] 

The Governor may designate Arbor Day: Resolved (the house 
concurring), That the governor is hereby requested to call the attention 
of the people of this state to the importance of planting trees for orna¬ 
ment and shade, by naming a day upon which this work shall be given 
special attention, to be known as “Arbor Day.” [1754.] 

The Governor may designate Flag Day: The Governor is au¬ 
thorized to proclaim June 14 as “Flag Day” in honor of the stars and 
stripes. 

Central Standard time the legal time: Standard time, central 
division, based on the ninetieth meridian of longitude west from Green¬ 
wich, shall be legal time within this state. [1753.] 

The apple blossom the state flower; Resolution: Whereas, A 
refined sentiment seems to call for the adoption of a state flower; and 
Whereas, Our blossoming apple trees add much to the beauty of 
our landscape, and Michigan apples have gained a world-wide reputation; 
a*nd, 

Whereas, At least one of the most fragrant and beautiful flowered 
species of apple, the pyrus coronaria, is native of our state; therefore 

Resolved by the Senate and House of Representatives of the State 
of Michigan, That the apple blossom be and the same hereby is designated 
and adopted as the state flower of the state of Michigan. [Approved 
April 28, 1897.] 


CHAPTER 18. 


Landlord and Tenant. 

I. Relation of landlord and tenant. 

II. The lease. 

III. Rent. 

IV. . Crops and crop-rent. 

V. Repairs. 

VI. Notice to quit. 

VII. Nuisances. 


I. Relation of Landlord and Tenant. 

The relation of landlord and tenant is created by contract, either 
express or implied. One proof of the existence of the relation in the 
absence of a contract, is the payment and acceptance of rent. A pre¬ 
sumption of its existence is an agreement to pay rent. 

A tenancy exists where one has let real estate to another to hold 
of him as tenant. Its usual incidents are possession with right of en¬ 
joyment, and payment of rent. And it does not necessarily imply a right 
to complete and exclusive possession; it may be created with the implied 
or express reservation of a right to possession on the landlord’s part 
for all purposes not inconsistent with the privileges granted to the tenant. 
Morrill vs. Mackman 24 Mich. 279. 

II. The Lease. 

What is a lease: A lease is a contract which creates the rela¬ 
tion of landlord and tenant. No precise form of words is necessary, and 
the established custom of the place where the parties reside may become 
a part of the lease though not incorporated into it. 

Covenants of lease: The covenants of the lease are the prom¬ 
ises and agreements made therein as to the premises, term, rent, privi¬ 
leges and purposes, etc. 

Covenants may also be entered into as to payment of taxes; build¬ 
ing and repair of fences, gates; cutting timber for wood and repair of 
fences, buildings, etc.; meadow, pasture, mowing of grass, etc.; kinds 
of crops, and the grounds upon which same shall be raised each year; 
disposition of hay, straw, fodder, etc.; hauling and spreading manure'; 
keeping down weeds, etc.; allowances, if any to tenant for permanent 
repairs; repairs to be made by landlord, etc.; use of horses of land¬ 
lord; furnishing of seed, removal of temporary buildings, etc., and any 
other matters as the case may require. 

171 


172 


MICHIGAN FARM LAWS. 


Assignment of lease: A lease upon shares is not assignable 
without the lessor’s consent. 103 Mich. 102. Other leases may generally 
be assigned without the consent of the landlord, if there is no covenant 
against assignment, and the use of the premises continues in accordance 
with the original purpose of the lease and in compliance with all the 
covenants therein contained. 

Renewal of lease: The parties may make an agreement as to a 
renewal of the lease and write such agreement in the lease the same will 
be binding, and where a lease provides for notice by the lessee of his 
intention to claim the benefit of an option given him in the lease for 
an additional term, such notice must be given, or such intention on his 
part be otherwise manifested; and a naked holding over is insufficient 
to warrant a finding that the lease has been extended. 105 Mich. 374. 

Holding over: A tenant holding over after the expiration of the 
lease is a tenant from year to year upon the conditions specified in the 
lease, if the lessor receives rent subsequently accruing, or otherwise 
indicates an intent to recognize him as such tenant; otherwise, he is 
merely a tenant at sufferance. 

Surrender of lease: The surrender of a lease is the yielding up 
of the estate, but such surrender requires mutual agreement between the 
lessor and lessee that the lease shall terminate. Vacating leased prem¬ 
ises before the term expires, and offering the key, which is refused 
is not a surrender. 87 Mich. 38. Even a tenant at will cannot, without 
justifiable cause abandon premises and treat such abandonment as a 
surrender. 87 Mich. 38. 

Forfeiture of lease: Forfeiture is the loss of the rights and priv¬ 
ileges secured under tlm terms and covenants of the lease. It results 
from a breach of covenant and may be waived. But in order that a breach 
of covenant by the lessee shall forfeit his lease it must be so stipulated 
in the lease. A lessee who seeks to avail himself of forfeiture of a 
lease on account of a breach of covenant by the lessor, must tender 
back the possession of the premises free from any rights of sub-tenants. 
A threatened or proposed breach will not forfeit the lease, so one who 
bas leased a farm on the shares does not forfeit his lease by orally 
giving to a third person permission to work part of the farm on the 
same terms, whbre the oral arrangement is abandoned without anything 
being done under it. 117 Mich. 555. 

Neglect to cultivate does not authorize cancelling a lease on the 
ground that the lessee obtained. it by the fraudulent representation that 
be was a skillful farmer. 41 Mich. 207. 

III. Rent. 

Definition of rent: Rent is a sum stipulated to be paid for the 
actual use and enjoyment of another’s land. 4 Mich. 577. 




■ 


LANDLORD AND TENANT. 


173 


The legislature of the State of Michigan has made the following 
provisions concerning the liability for and payment of rent: 

Liability of person in possession for payment of rent: Every 
person in possession of land, out of which any rent is due, whether it 
was originally demised in fee, or for any other estate of freehold, 
or for any term of years, shall be liable for the amount or proportion 
of rent due from the land in his possession, although it be only a part 
of what was originally demised. [9254.] 

Rent; how secured: Such rent may be recovered in an action of 
debt or assumpsit, and the deed of demise, or other instrument in writing, 
if there be any showing the provisions of the lease, may be used in 
evidence by either party to prove the amount due from the defendant. 
[9255.] 

Landlord may have other remedies: Nothing contained in the 
preceding sections shall deprive landlords of any legal remedy for 
the recovery of their rents, whether secured to them by their leases, or 
provided by law. [9256.] 

Accounting for rents, etc., by joint tenant or tenants in common: 

One joint tenant or tenant in common, and his executors or administra¬ 
tors, may maintain an action for money had and received, against his 
co-tenant, for receiving more than his just proportion of the rents or 
profits of the estate owned by them as joint tenants- or tenants in 
common. 

Notes: Where rent is payable weekly, or at other stated intervals, in advance, 
the tenant has the whole of the first day of each succeeding week or interval 
of time in which to make payment. 4 Mich. 355. 

Where a well of water is polluted, it amounts, if the cause cannot be removed, 
to an eviction, and relieves the tenant from paying rent after leaving the premises 
in consequence thereof. 78 Mich. 135. 

A tenant is not absolved from his duty to pay rent by breach of the land¬ 
lord’s covenant to make repairs necessary to fit the building for its intended use, 
so long as he continues in possession. 2 L. R. A. 273; 189 Mass. 568. 

IV. Crops and Crop Rent. 

Growing crops are usually regarded as personalty. But as a general 
rule between vendor and vendee, the growing crop is a part of the realty, 
and passes by conveyance to the latter unless reserved. Under a lease 
of a farm, the rent payable in a portion of the crops, the title to the 
crops until delivery is in the tenant, and the lessor is not entitled to 
possession of his share until a sufficient time for the tenant to deliver 
them to the landlord. Under such a lease it is tire duty of the lessee 
to deliver the lessor his share and not the lessor’s duty to parcel the 
lessee’s share out to him. Failure to deliver would make the lessee 
liable for the market value of the lessor’s share at the time it should 
have been delivered. 

Landlord may cultivate and have abandoned crop: Where a 


174 


MICHIGAN FARM LAWS. 


tenant or renter by the field, whose agreement is to pay a share of the 
crop as rent, abandons the crop before it is ripe or harvested, he has 
not such an interest therein as renders it liable to seizure for his debts, 
but* the landlord has a right to cultivate and harvest and take the whole 
crop as his own. In such case the tenant has abandoned his contract and 
forfeited his rights. 10 Pickering, 205. 

One who, without fault on the landlord’s part, rescinds his contract 
to farm another’s land, and abandons the premises, yields his right to 
the crop sown. Kiplinger vs. Green, 61 M. 340, but where the lessee 
merely failed to work the farm properly and did not abandon the 
crop, a farm lease on the shares was construed as giving the lessor 
merely the right of re-entry and possession of the stock and farming 
implements (where he had furnished the same) and not to authorize 
the seizure of crops for such breach. 80 Mich., 466. 

Rights of purchaser of tenant’s crop: The rights of one who- 
has bought a crop from a tenant will be protected as against a subsequent 
forfeiture of the lease and the landlord’s re-entry. 51 Mich 482. Also, 
where a tenant holding land under a lease which entitles him to reap as 
well as to sow a crop of wheat, sells the crop before default or forfeiture, 
his vendee’s title is not defeated by a subsequent default. 97 Mich., 554. 

A purchaser at a judicial sale takes no right to the landlord’s share 
of a growing crop. 40, Oh. St. 340. 

Landlord liable for damages for destroying crop: Destroying of 
a crop by a lessor after termination of a cropping lease, which provided 
that the lessee should have a share of the crop growing at the end of 
the lease, is a trespass. Damages due such lessee must take into account 
the expense of harvesting sych crop if it is,to be done bv him. 17 
O. C. C. 174. 

Levy on unharvested crops; how made: When a levy shall be 
made upon grain while growing, or on any unharvested crops, by virtue 
of any execution, the officer making such levy shall file a notice of said 
levy in the office of the township clerk of the township, or city clerk of 
the city, or city recorder of cities having'no officer known as city clerk, 
where such grain or crops are at the time of making such levy; and 
such clerk or recorder shall file said notice in his office, in the same 

manner as he is required by law to file a chattel mortgage; and such 

notice shall be constructive evidence to all persons of the interest of 
the plaintiff in the execution, and shall be entitled to the same fees 
therefor, to be paid by the plaintiff in the execution, and shall be collected 

as costs in the.case, and no sale of said crops or grain shall be made 

until the same shall be ripe or fit to be harvested, and any levy thereon 
by virtue of an execution issued from a circuit court, or by a justice 
of the peace, shall be continued beyond the return day thereof, if neces¬ 
sary, and remain in life, and the execution thereof may be completed 
at any time within thirty days after such grain or other unharvested 
crops shall be ripe or fit to be harvested. [10321.] 


LANDLORD AND TENANT. 


175 


V. Repairs. 

In the absence of ‘an agreement on his part so to do, a landlord 
is not obliged to make repairs even when the premises become defective 
by deterioration or decay. 116 Mich., 418. Covenants to repair are not 
implied, and a tenant cannot, without an agreement, make repairs and 
charge them to his landlord, but where a landlord agrees to make cer¬ 
tain repairs before the commencement of the term, the tenant may refuse 
to accept possession until the landlord performs his covenant, and upon 
refusal of the landlord to make the repairs which he agreed to make, 
the tenant may do so himself, and deduct the cost thereof from the rent. 
Where the tenant agrees to make repairs, and upon failure to do so the 
landlord makes the repairs, he may recover the cost therefor from the 
tenant. If no time is fixed for the making of repairs the tenant has the 
term for it. 3 Dana 586. In the absence of an express covenant to 
the contrary, there is always an implied covenant on the part of the 
tenant to keep the premises in as good repair as he receives them, 
ordinary wear and tear and accidents excepted. 6 Mass. 23. 22 Ala. 382. 

Removal of buildings: Where a lease reserves to the lessee 
the right, at the end of the term, to remove all buildings placed upon 
the leased premises, he is entitled to ingress and egress, rent free, for 
a reasonable time after the expiration of the lease, for the purpose of 
such removal. 99 Mich., 501. 

VI. Notice to Quit; Ejectment. 

Law of notice to quit: All estates at will or by sufferance may 
be determined by either party by three months’ notice given to the 
other party; and when the rent reserved in a lease is payable at periods 
of less ( than three months, the time of such notice shall be sufficient 
if it be equal to the interval between the times of payment, and such 
notice shall not be held void by reason of its mentioning a day for 
the termination of the tenancy not corresponding to the conclusion 
or commencement of any such period, but in any such case the notice 
shall be held to terminate the tenancy at the end of a period equal in 
time to that in which the rent is made payable. And in all cases of 
neglect or refusal to pay rent on a lease at will or otherwise, seven 
days’ notice to quit, given in writing by the landlord to the tenant, 
shall be sufficient to determine the lease. And in all cases of tenancy 
from year to year a notice to quit, given at any time, shall be sufficient 
to terminate said lease at the expiration of one year frofn the time of 
the service of such notice. [9257.] 

How notice to quit may be served: The notice may be served 
upon the lessee himself or upon a person in possession under him. 
17 Mich., 366. 




176 


MICHIGAN FARM LAWS. 


How service of notice may be proved: The contents of the 
notice to quit may be proved by a duplicate original, which should be 
compared with the notice actually served, by the party serving it; but, 
if this precaution is not taken, parol evidence may be given of its con¬ 
tents ; and it is not necessary in either case to give the defendant 

notice to produce the original in his possession. 2 Doug. 119. 

VII. Nuisances. 

Nuisances: As between landlord and tenant the tenant is pre¬ 
sumptively liable for a nuisance on the premises unless the lease con¬ 

templated its continuance, in which case both would be liable. 49 M. 164, 
but the tenant alone, and not the landlord, is liable for nuisances 
originating and kept up during the tenant’s exclusive occupancy, unless 
the landlord is shown to be responsible for repairs. 50 Mich., 324. 



CHAPTER 19. 
Liens. 


I. Mechanic’s lien. 

II. Lien on certain personal property. 

III. Lien on mine for labor. 

IV. Lien on timber, lumber, logs, etc., for labor. 


When lien for labor, material, etc., created; on what lands; notice, 
statement, etc.: Every person who shall, in pursuance of any con¬ 
tract, express or implied, written or unwritten, existing between himself 
as contractor, and the owner, part owner v or lessee of any interest in 
real estate, build, alter, improve, repair, erect, ornament or put in, 
or who shall furnish any labor or materials in or for building, altering, 
improving, repairing, erecting, ornamenting or putting in any house, build¬ 
ing, machinery, wharf or structure or shall build or repair any side¬ 
walks, or 'shall furnish any materials therefor, and every person who 
shall as sub-contractor, laborer, or material-man, perform any labor 
or furnish materials to such original or principal contractor, or any 
sub-contractor, in carrying forward or completing any such contract, 
shall have a lien therefor upon such house, building, machinery, wharf, 
walk or walks, and other structure, and its appurtenances, and also 
upon the entire interest of such owner, part owner or lessee in and to 
the lot or piece of land, not exceeding one quarter section of land, or 
if in any incorporated city or village, not exceeding the lot or lots 
upon or around or in front of, which such improvement is made, to 
the extent of the right, title and interest of such owner, part owner or 
lessee at the time work was commenced or materials were begun to be 
furnished by the contractor under the original contract, or by the sub¬ 
contractor who furnishes or is furnished with any labor or material 
in the performance or execution of such sub-contract, and also the 
extent of any subsequent acquired interest of any such owner, part 
owner or lessee, and in case of the construction of a number of build¬ 
ings or walks under one contract upon, around or in front of, the 
same lot or contiguous lots for the same owner, part owner or lessee, 
of any interest in the real estate upon which said buildings are situated 
or upon, around or in front of which said walk or walks are built or 
repaired, such lien for such material or labor so furnished, shall attach 
to all of said buildings, walk or walks, together with the land upon, 
around or in front of, which the same are being constructed, the same 
as hereinbefore provided in case of a single building, walk or improve¬ 
ment: Provided, That any person, firm or corporation furnishing mater- 
12 M F L 177 


178 


MICHIGAN FARM LAWS. 


ials or performing labor of any kind entering into the construction of 
such building, structure or walk, shall within thirty days after furnishing 
the first of such material or performing the first of such labor to any 
contractor or sub-contractor, serve on the owner, part owner or lessee 
of the premises, or his agent a notice, which notice shall be such as 
will inform the owner, part owner or lessee of the premises, or his 
agent, of the nature of the materials furnished, or labor performed, 
or to be performed, and a description of the premises where furnished, 
if such owner, part owner or lessee reside in or has a known agent 
in the county in charge of such structure, improvements, walk or 
walks, such notice may be in the following form: 


To.. take notice that the undersigned 

is furnishing.to.certain labor or 


materials for building or altering, improving, repairing, erecting or orna¬ 
menting, as the case may be, a certain.situated on 

or around or in front of the following described property. 

Such notices, however, shall be sufficient if served at any time sub¬ 
sequent to said thirty days, but before the original contractor shall 
make out and give to the owner, part owner, or lessee orchis agent, 
a statement under oath of the number- and names of every sub-contractor 
or laborer in his employ, and of every person, firm or corporation 
furnishing materials, giving the amount, if anything, which is due or 
to become due on them, or any of them, for work done or materials 
furnished as required by section four of this act. The owner, part 
owner or lessee shall not be liable to the sub-contractor, material-men or 
laborers, for any greater amount than he contracted to pay the original 
contractor, and shall be entitled to recoup any damages which he may 
sustain by reason of any failure or omission in the performance of such 
contract; but the risk of all payments made to original contractor 
after he shall have received the notice above mentioned, or before the 
contractor shall have furnished him with a statement as hereinbefore 
provided, shall be upon the owner, part owner or lessee until the expira¬ 
tion of sixty days, whithin which claims for lien may be filed as here¬ 
inafter provided, and no payment made to any contractor before the 
expiration of said sixty days shall defeat any lien of any sub-contractor, 
material-man or laborer, unless such payment has been distributed among 
the sub-contractors, material-men or laborers, or if distributed in part 
only, then to the extent of such distributions. [10710.] 

When lien to hold on property of husband and wife jointly: In 
case the title to such lands upon which improvements are made is held 
by husband and wife jointly, or in case the lands upon which such im¬ 
provements are made are held and occupied as a homestead, the lien given 
by this act shall attach to such lands and improvements if the improve¬ 
ments be made in pursuance of a contract in writing signed by both 
the husband and wife. [10711.] 

When lien to hold building, etc.: Any person furnishing ser- 







LIENS. 


179 


vices or materials for the erection of a new building or structure upon 
land to which the person contracting for such erection has no legal 
title, shall have a lien therefor upon such [building] buildings or struc¬ 
ture; and the forfeiture or surrender of any title or claim of title held 
by such contracting person to such land shall not defeat the lien upon 
such building or structure of such persQn furnishing services or mater¬ 
ials as aforesaid. In case the property covered by the lien is held by 
the vendee in a land contract, and he surrenders or forfeits his rights 
thereunder, the person. or persons holding such liens may be subro¬ 
gated to the rights of such vendee, as his rights existed immediately 
before such surrender or forfeiture, by performing the covenants con¬ 
tained in such contract within thirty days after such forfeiture or sur¬ 
render is made. [10712.] 

Nqte — The matter of procuring a lien should be placed in the hands of a com¬ 
petent lawyer. For that reason, no further provisions of the law are stated here. 


Liens Upon Certain Personal Property. 

Lien of mechanics, etc., on personal property in certain cases: 

Whenever any person shall deliver to any mechanic, artisan, or trades¬ 
man, any materials or articles for the purpose of constructing, in 
whole or in part, or completing any furniture, jewelry, implement, 
utensil, clothing, or other article of value, or shall deliver to any person 
any horse, mule, neat cattle, sheep, or swine to be kept or cared for, 
such mechanic, artisan, tradesman, or other person shall have a lien 
thereon for the just value of the labor and skill applied thereto by 
him, and for any materials which he may have furnished in the con¬ 
struction or completion thereof, and for the keeping and care of such 
animals, and may retain possession of the same until such charges are 
paid. [10746.] 

Lien of mechanics, etc., on personal property in certain cases: 

When any person shall deliver to any mechanic, artisan or tradesman, 
any watch, clock, article of furniture or jewelry, implement, clothing 
or other article of value, to be altered, fitted or repaired, such mechanic 
artisan or tradesman shall have a lien thereon for the just value of the 
labor and skill applied thereto by him, and may retain possession of the 
same until such charges are paid. [10747.] 

When lien may be enforced: In either of the cases mentioned 
in the two preceding sections, if the owner of the property, materials, 
or stock so delivered, or the person entitled thereto shall not, when 
such article shall have been constructed, completed, altered, fitted, or 
repaired, or the time having expired for the keeping such stock, and 
the same being ready to be delivered to such owner or other persons, 
and the charges thereon shall be due and payable, pay to such mechanic, 
artisan, or tradesman, or other person the amount of such charges, 


180 


MICHIGAN FARM LAWS. 


the person having such lien may enforce the same as hereinafter pro¬ 
vided. [10748.] 

Suit for recovery of charges: The person having such lien may 
commence a suit for the recovery of such charges, by summons in the 
usual form, before any justice of the peace of the city or township in 
which he resides, or in any court, as the case may require, against 
the person liable for the payment thereof. [10749.] 

Proceedings in case summons returned personally served: If 
such summons be returned personally served upon the defendant, the 
same proceedings shall thereupon be had, in all respects, as in other 
suits commenced by summons, in which there is a personal service of 
process, and judgment shall be rendered in such suit in like manner. 
[10750.] 

Proceedings if defendant cannot be found: If the officer return 
upon such summons, that the defendant cannot be found within his 
county, the same proceedings shall be thereupon had, in all respects, as 
near as may be, as in suits commenced by attachment, in which there 
is not a personal service of a copy of the attachment upon the defendant, 
and judgment shall be rendered in such suit in like manner. [10751.] 

Effect,of judgment: If the plaintiff recover judgment in such 
suit; execution shall issue thereon in the same manner and with the 
like effect, as upon judgments rendered in suits commenced by attach¬ 
ment, and the property upon which the plaintiff holds such lien, or so 
much thereof as shall be sufficient to satisfy such execution may be 
sold thereon in the same manner as if it had been seized and held upon 
an attachment in such suit. [10752.] 

Enforcing liens in other cases: The provisions of this chapter 
concerning liens upon personal property, and enforcing the same, shall 
apply to all cases of personal property on which the bailee or keeper 
thereof has by law a lien for any keeping, feed, care or labor by him 
bestowed upon such property. [10753.] 

Expense of keeping beasts; when to be additional lien: If the 
property upon which any such lien shall be enforced as provided in this 
chapter, consist. of horses, cattle, sheep, swine or other beasts, and 
any expenses shall have been incurred by the person having such lien 
after the same accrued in keeping and taking care of such property, 
the amount of such expenses shall be an additional lien upon the prop¬ 
erty, and shall be computed and ascertained upon the trial or assessment 
of damages, and included in the judgment. [10754.] 

III. Lien Upon Mine, for Labor. 

Miner’s claims for labor a lien upon mines: Every person who 
shall furnish or perform any labor for any corporation, organized for 
the purpose of mining coal, shale or clay, and every bona fide holder of 


LIENS. 


181 


any draft or order for the payment of money due for any such labor 
issued or drawn by an officer, clerk or agent of any such corporation, 
shall have a lien for the amount due thereon or therefor upon all the 
real and personal property of such corporation. Said lien shall take 
precedence of all other debts, judgments or decrees, liens or mortgages 
against such corporations, except liens accruing to this State for taxes, 
fines or penalties, and every such lien may be proceeded on, enforced and 
collected out of such real and personal property, or either of the same, 
in the same manner and under the same regulations, limitations and con¬ 
ditions as near as may be as are provided for by the law for the en¬ 
forcement and collection of other liens on real or personal property 
as the case may be: Provided, That in the enforcement of any lien 
provided for in this act, it shall not be necessary to file, prove, or pro¬ 
duce any written contract relative to the labor on which such lien is 
based. [Public Act No. 254, approved June 2, 1909.] 

IV. Lien on Timber, Lumber, Logs, Etc., for Labor Performed 

Thereon. 

Lien on Lumber, Timber, Etc.: Any person or persons who 
perform any labor or services in manufacturing lumber or shingles in 
or about any lumber or shingle mill, or in cutting, skidding, falling, haul¬ 
ing, scaling, banking, driving, running, rafting, or booming any logs, 
timber, cedar posts, telegraph poles, railroad ties, bark, shingle-bolts, 
stave-bolts, staves, cord-wood- pulp-wood, hop-poles, hoop-poles, veneer¬ 
ing wood or any other forest products in this state, shall have a lien 
thereon for the amount due for such labor or services, and the same 
shall take precedence of all other claims or liens thereon. The word 
person or persons in this section shall be interpreted to include, cooks, 
blacksmiths, artisans and all others usually employed in performing 
such labor and services. [10756.] 

Statement of lien; how made and filed: No such debt, demand 
or claim shall remain a lien on any of the above mentioned products 
unless a statement thereof in writing, made under oath by the claimant, 
or some one in his or her behalf, shall be filed in the office of the 
clerk of the county in which such labor or services were performed: 
Provided, When a lien is claimed for work and labor performed in 
running or driving said logs, timber, cedar posts, telegraph poles, rail¬ 
road ties, tanbark, shingle-bolts, stave-bolts, staves, cord-wood, pulp-wood, 
hop-poles, hoop-poles or veneering wood, then said statement shall be 
filed in the office of the clerk of the county where the drive terminates. 
[10757.] 

Lien for horseshoeing: See animals, Chap. I. 

Lien upon get of stallion, etc.: See animals, Chap. I. 


CHAPTER 20. 


Manure and Fertilizers. 

I. Manure. 

II. Fertilizers. 

# 

Manure: The general rule is, that a tenant under a farming 
lease or contract has no right to remove from the premises so occupied 
any manure made in whole or in part from the produce of the land, 
without an express stipulation to that effect in the agreement. And 
the owner of the farm may maintain an action for its value, if the tenant 
take it away from the farm. If, however, a tenant in the rightful use 
of the premises, feed cattle thereon with supplies procured from sources 
foreign to the land, he may remove all the manure made by them which 
is not commingled with the soil, using reasonable" care not to injure the 
premises in such removal. When any such supplies brought on the prem¬ 
ises are fed along with the produce of the farm, the manure resulting 
therefrom, can only be taken away by the tenant, when he is able to 
specify how much feed he brought to the premises and what proportion 
it bore to the whole amount used. He must be able to distinguish the 
proportion made from his own supplies. — 87 D. 611; 55 D. 550. 

II. Fertilizers. 

Packages containing fertilizer; how to be labeled: Any person 
or persons who shall sell or offer for sale in this state any commercial 
fertilizer, the retail price of which exceeds ten dollars per ton, shall 
affix on the outside of every package containing such fertilizer a plainly 
printed certificate, stating the number of net pounds therein; the name 
or trade mark under which such article is sold; the name of the man¬ 
ufacturer; the place of manufacture, and a chemical analysis, stating the 
percentage of nitrogen in an available form; of potash soluble in water, 
and of phosphoric acid in an available form (soluble or reverted) and the 
insoluble phosphoric acid. [4965.] 

Analysis of fertilizer to be filed with secretary of state: Before 
any commercial fertilizer is sold or offered for sale, the manufacturer, 
importer or party who causes it to be sold or offered for sale within 
this state, shall file with the secretary of the state board of agriculture 
a certified copy of the analysis and certificate referred to in section 
4965, and shall also deposit with said secretary a sealed glass jar con¬ 
taining not less than two pounds of such fertilizer, with an affidavit that 
it is a fair sample of the article thus to be sold or offered for sale. 
[4966.] 182 


MANURE AND FERTILIZERS. 


isa 


License fee to be paid: The manufacturer, importer, or agent 
of any commercial fertilizer, the retail price of which exceeds ten 
dollars per ton as aforesaid, shall pay annually to the secretary of the 
state board of agriculture, on or before the first day of May, a license 
fee of twenty dollars for each and every brand of fertilizer he offers 
for sale in this state: Provided, That whenever the manufacturer or 
importer shall have paid this license fee his agents shall not be required 
to do so. [4967.] 

Penalty for violation: Any person or persons who shall sell or 
offer for sale any commercial fertilizer in this state without firsf com¬ 
plying with the provisions of sections 4965, 4966, and 4967, or who shall 
attach or cause to be attached to. any such package of fertilizer an 
analysis stating that it contains a larger percentage of any one or 
more of the constituents or ingredients named in section one of this act 
than it really does contain, shall upon conviction thereof be fined not 
less than one hundred dollars for the first offense, and not less than 
three hundred dollars for every subsequent offense, and the offender 
shall also be liable for all damages sustained by the purchaser of such 
fertilizer on account of such misrepresentation. [4970.] 


CHAPTER 21. 


Money and Interest. 

x Money of account: The money of account of this state, shall 
be the dollar, cent, and mill; and all accounts in the public offices, and 
all other public accounts, and all proceedings in courts, shall be kept 
and had in conformity with this regulation. [4854.] 

Notes, etc., expressed in other money to be reduced to dollars, 
etc.: Nothing contained in the preceding section shall vitiate or 
affect any account, charge or entry, originally made, or any note, bond, 
or other instrument expressed in any other money of account; but the 
same shall be reduced to dollars and parts of a dollar, as hereinbefore 
directed, in any suit thereupon. [4855.] 

Legal rate of interest; proviso: The interest rate of money shall 
be at the rate of five dollars upon one hundred dollars for a year, and 
at the same rate for a greater or less sum, and for a longer or shorter 
time, except that in all cases it shall be lawful for parties to stipulate 
in writing for the payment of any rate of interest, not exceeding seven 
per cent per annum: Provided, That this act shall not apply to exist¬ 
ing contracts, whether the same be either due, not due or part due. 
[Sec. 4856 as amended May 25, 1899.] 

Taking of usury not to void note, etc., but interest forfeited: No 
bond, bill, note, contract or assurance, made or given for or upon a 
consideration or contract, whereby or whereon a greater rate of interest 
has been, directly or indirectly, reserved, taken or received, than is allowed 
by law, shall be thereby rendered void; but in any action brought by any 
person on such usurious contract or assurance, except as is provided in 
the following section, if it shall appear that a greater rate of interest 
has been, directly or indirectly, reserved, taken or received, than is 
allowed by law, the defendant shall not be compelled to pay any in¬ 
terest thereon. [4857.] 

When courts to declare interest void: Whenever it shall satis¬ 
factorily appear by the admission of the defendant, or by proof that 
any bond, bill, note, assurance, pledge, conveyance, contract, security, or 
any evidence of debt has been taken or received in violation of this act, 
the court shall declare the interest thereon to be void. [4858.] 

Interest may be collected on interest due and unpaid: When any 
installment of interest upon any note, bond, mortgage, or other written 
contract, shall have become due, and the same shall remain unpaid, 
interest may be computed and collected on any such installment so due 
and unpaid, from the time at which it became due, at the same rate as 

184 


MONEY AND INTEREST. 


185 


specified in any such note, bond, mortgage, or other written contract, 
not exceeding ten per cent; and if no rate of interest be specified in 
such instrument, then at the rate of seven per centum per annum. [4859.] 

Rate of interest on notes, etc., payable out of this state: It shall 
be lawful for any person or corporation, borrowing money in this state, 
to make notes, bills, bonds, drafts, acceptances, mortgages, or other 
securities, for the payment of principal or interest, at the rates authorized 
by the laws of this state, payable at the place where the parties may 
agree, although the legal rate of interest in such place may be less than 
in this state; and such notes, bonds, bills, drafts, or other securities, 
shall not be regarded or held to be usurious, nor shall any securities 
taken for the same, or upon such loans, be invalidated in consequence 
of the rate of interest of the state, kingdom or country, where the paper 
is made payable, being less than in this state, nor of any usury or penal 
law therein. [4860.] 

Not usurious if interest does not exceed the rates authorized by 
this state: No plea of usury, nor defense founded upon an allega¬ 
tion of usury, shall be sustained in any court in this state, nor shall any 
security be held invalid on an allegation of usury, where the rate of in¬ 
terest reserved, discounted or taken, does not exceed that allowed by 
the laws of this state, in consequence of such security being payable in 
a state, kingdom or country, where such rate of interest is not allowed. 
[4861.] 

Interest authorized by this state without reference to law of place 
where payable, may be taken: It shall be lawful for all parties loan¬ 
ing money in this state, to take, reserve, or discount interest upon any 
note, bond, bill, draft, acceptance or other commercial paper, mortgage, 
or other security, at any rate authorized by the laws of this state, whether 
such paper or securities, for principal or interest, be payable in this state, 
or in any other state, kingdom or country, without regard to the laws 
of any other state, kingdom or country; and all such notes, bonds, bills, 
drafts, or acceptances, or other commercial paper, mortgages or other 
security, shall be held valid in this state, whether the parties to the same 
reside in this state or elsewhere. [4862.] 

Interest on loans payable in other states not affected by laws of 
such states: When any contract or loan shall be made in this state, 
or between citizens of this state and any other state or country, bearing 
interest at any rate which was or shall be lawful according to any law 
of the state of Michigan, it shall and may be lawful to make the amount 
of principal and interest of such contract or loan payable in any other 
state or territory of the United States, or in England; and in all such 
cases, such contract or loan shall be deemed and considered as governed 
by the laws of the state of Michigan, and shall not be affected by the 
laws of the state or country where the same shall be made payable; and 
no contract or loan, which may have heretofore been made or entered 
into, in this state, or between citizens of this state and of any other 


186 


MICHIGAN FARM LAWS. 


country, bearing interest at a rate which was legal according to the laws 
of this state at the time when the same was made or entered into, shall 
be invalidated or in anywise impaired or affected by reason of the same 
having been made payable in any other state or country. [4863.] 

When usury not to affect negotiable notes, etc.: In any action 
brought on any bill of exchange, or promissory note payable in money, 
and to order or bearer, originally given or made for, or upon any usurious 
consideration or contract, if it shall appear that the plaintiff became, in 
good faith, the indorsee or holder of such bill of exchange or promissory 
note; for a valuable consideration, before the same became due, then 
and in such case, unless it shall further appear that the plaintiff, at the 
time of becoming such indorsee or holder, had actu-al notice that such 
bill or note was given for, or upon a usurious consideration or contract, 
he shall be entitled to recover thereon, in the same manner, and to the 
same extent, as if such usury had not been alleged and proved. [4864.] 
Interest on judgment and decrees: Interest may be allowed and 
received upon all judgments at law, for the recovery of any sums of 
money, and upon all decrees in chancery, .for the payment of any sums 
of money, whatever may be the form or cause of action or suit in which 
such judgment or decree shall be rendered or made; and such interest 
may be collected on execution at the rate of five per cent per annum: 
Provided, That on a judgment rendered on any written instrument hav¬ 
ing a different rate, which was a legal rate at the date of the execution 
of such instrument, the interest shall be computed at the rate specified 
in such instrument. [4865 as amended June 4, 1903.] 

Interest on verdicts, etc.: In all actions founded on contracts 
express or implied, whenever in the execution thereof any amount in 
money shall be liquidated or ascertained in favor of either party, by 
verdict, report of referees, award of arbitrators, or by assessment made 
by the clerk of the court or by any other mode of assessment accord¬ 
ing to law, it shall be lawful, unless such verdict, report, award; or 
assessment shall be set aside, to allow and receive interest upon such 
amount so ascertained or liquidated, until payment thereof, or until judg¬ 
ment shall be thereupon rendered; and in making up and recording such 
judgment, the interest on such amount shall be added thereto, and in¬ 
cluded in the judgment. [4866.] 


CHAPTER 22. 


Offenses. 

I. ■ Certain offenses against property. 

II. Certain offenses against the public health. 

III. Certain offenses against chastity. 

IV. Certain offenses against lives and persons. 

V. Betting on horse races and elections. 

VI. Bribing voters. 

VII. Gross frauds and cheats. 

I. Certain Offense Against Property. 

Malicious burning or destruction of property; penalty: Every 
person who shall willfully and maliciously burn or otherwise destroy or 
injure, any pile or parcel of wood, boards, timber or other lumber, or 
any fence, bars or gate, or any stack of grain, hay or other vegetable 
product, or any vegetable product severed from the soil and not stacked, 
or any standing trees, grain, grass, or other standing product of the 
soil, or the soil itself, of another if such property so injured or de¬ 
stroyed shall be of the value of twenty-five dollars or less, shall be 
punished by a fine not exceeding one hundred dollars, or imprisonment 
in the county jail not exceeding three months, and if such property so 
injured or destroyed shall be of the value of more than twenty-five 
dollars, such person shall be punished by imprisonment in the state prison 
not more than five years, or by fine not exceeding five hundred dollars, 
or by imprisonment in the county jail not more than one year. [11542.] 

Malicious injury and destruction of personal property; driving 
metal substances into timber of which lumber is to be made, etc.: 
Any person who shall willfully and maliciously drive, or cause to be 
driven, or imbedded, any nail, spike, or piece of iron, steel, or other 

metallic substance into any timber, log, or bolt which may now be, 

or may hereafter be put on the banks of or in any of the waters, 

or any mill-yards of this state, for the purposes of being made into 

lumber or marketed, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine not exceeding 
one thousand dollars, or by imprisonment in the county jail not more 
than one year, or both such fine and imprisonment, in the discretion of 
the court. [11596.] 

Killing of insured animals; when a felony; penalty: Any person 
who shall injure or kill any horse, mule or other live stock which shall 
be insured by any live stock insurance company authorized to do business 
in this state, when such killing or injury shall be with the willful intent 

187 


188 


MICHIGAN FARM LAWS. 


on the part of such person to defraud such insurance company, whether 
such person shall be the owner of such insured property or not shall 
be deemed guilty of a felony, and upon conviction thereof shall be 
punished by a fine not exceeding five hundred dollars or by imprison¬ 
ment in the state prison for a term not exceeding two years, or by both 
such fine and imprisonment, in the discretion of the court. [11597.] 

Injury to land by cutting and carrying away timber therefrom; 
penalty when value is $25.00; receiving or storing, when a felony; 
penalty: See Chapter on Trespass. 

Cutting or destroying wood, timber, grain, etc.: See Chapter on 
Trespass. 

Injury to mining property or apparatus, etc.: Every person who 
shall willfully and maliciously cut, break, obstruct, injure or destroy or 
cause to be cut, broken, obstructed, injured or destroyed, any pump, 
pump-rod, man-engine, ladder, ladder-way, skip, skip-track, car, car-track, 
bell, signal, rope, cable or any other appliance or thing, whether herein 
particularly mentioned or not, used for or connected with the hoisting 
or pumping apparatus, or means of escape; or any stull, timber, plank, 
platform or other appliance or other thing, whether herein particularly 
mentioned or not, used for or connected with securing or upholding rock, 
or used for or connected with the purpose of securing the safety of 
workmen, the same being underground in any mine; or shall do the like 
to any structure, shaft-house, or machinery or appliances in or connected 
with any shaft-house or shaft above ground in any mine used or connected 
with pumping, signaling, hoisting men or materials, or with securing the 
safety of workmen underground, such mine being then in use or operation, 
shall be deemed guilty of felony and be punished* by imprisonment in 
the state prison not more than twenty years, or by fine not exceeding 
five thousand dollars, in the discretion of the court. [11651.] 

Entering vineyard, orchard or garden; penalty: That any person 
who shall enter a vineyard, orchard or garden without the consent 
of the owner, and pick, take, carry away, or destroy or injure any of 
the fruits, vegetables or crops therein, or in anywise injure or destroy 
any bush, tree, vine or plant, shall be guilty of a misdemeanor, and on 
conviction thereof shall be punished by imprisonment in the county jail 
not more than three months, or by fine not less than Qne nor more 
than one hundred dollars, or by both such fine and imprisonment, in 
the discretion of the court. 

Willful and malicious destruction of fruit, shade or ornamental 
trees; penalty: Every person who shall willfully and maliciously de- 
or wantonly and without cause, cut down or destroy or otherwise injure 
any fruit tree or. trees, or any other tree or trees, not his own, standing 
or growing for shade or ornament on the land of another, the damage 
for which said cutting down, destruction or injury to the owner or 
owners of said trees shall amount to the sum of twenty- five dollars, shall 


OFFENSES. 


189 


be punished by imprisonment in the state prison not exceeding five years, 
or by imprisonment in the county jail not exceeding one year, or by fine 
not exceediing five hundred dollars, in the discretion of the court. 
[11646.] 

Taking or injuring any fruit tree, shade tree, shrub, vine, etc.; 
wrongful taking of fruit trees, etc.; penalty: Any person who shall 
wrongfully take and carry away from any place, any fruit tree, ornamental 
tree, shade tree, ornamental shrub, or any plant, vine, bush, or vegetable 
there growing, standing, or being, with intent to deprive the owner 
thereof, or who shall without right and with wrongful intent, detach 
from the ground, or injure any fruit tree, ornamental tree, shade tree, 
ornamental shrub, or any plant, vine, bush or vegetable, shall be guilty 
of a misdemeanor, and on conviction thereof be punished by imprison¬ 
ment in the county jail not more than six months, or by fine not 
exceeding two hundred and fifty dollars,- or by both such fine and 
imprisonment, in the discretion of the court: Provided, That when 
the damage to the owner does not exceed the sum of twenty-five dollars, 
the punishment shall be a fine not exceeding one hundred dollars, or 
imprisonment in said jail not exceeding three months, or by both such 
fine and imprisonment in the discretion of the court. [11647.] 

Maliciously injuring house, barn or other building; penalty, etc.: 
Every person who shall willfully and maliciously destroy or injure any 
house, barn, or other building of another, or the appurtenances thereof, 
if the damage resulting from such injury shall exceed twenty-five dollars, 
shall be punished by imprisonment in the state prison not more than five 
years, or by imprisonment in the county jail not more than one year, 
or by fine not exceeding five hundred dollars, or by both such fine and 
imprisonment. 

Maliciously burning buildings, etc.: Every person who shall 
willfully and maliciously burn, either in the night-time or in the day-time, 
any banking house, warehouse, store, manufactory, mill, barn, stable, shop, 
office, out-house, or other building whatsoever of another, other than is 
mentioned in Section 11538, or any bridge, lock, dam or flume, or any 
ship, boat, or vessel of another lying within the body of any county, 
shall be punished by imprisonment in the state prison not more than 
ten years. [11540.] 

Maliciously injuring monuments, extinguishing lamps, or defac¬ 
ing sign boards, etc. : Every person who shall willfully or maliciously 
break down, injure, remove, or destroy any monument erected for 
the purpose of designating the boundaries of any township, or of any 
tract or lot of land, or any tree marked for that purpose, or shall so 
break down, injure, remove or destroy any mile-stone, mile-post, de¬ 
face, or alter the inscription on . any such stone, post, or board, or 
shall willfully or maliciously mar or deface any building or sign-board, 
or extinguish any lamp, or break, destroy, or remove any lamp or any 
lamp post, or any railing or posts erected on any bridge, sidewalk. 


190 


MICHIGAN FARM LAWS. 


street, highway, court or passage, or shall willfully or maliciously 
injure, remove, deface or destroy any board or structure lawfully erected 
or used for the posting of bills, posters or other notices, or shall willfully 
or maliciously mutilate, deface or destroy any bill, poster, or other printed 
or written notice lawfully posted on any board or structure, used for 
that purpose, without the consent of the owner or occupant thereof, 
shall be punished by imprisonment in the county jail not more than 
three months, or by fine not exceeding fifty dollars, or both fine and 
imprisonment, at the discretion of the court. [11586.] 

Penalty for malicious injury to dams, reservoirs, etc.: Every 
person who shall willfully and maliciously break down, injure, remove, 
or destroy any dam, reservoir, canal, or trench, or any gate, flume, flash- 
boards, or other appurtenances thereof, or any levee or structure for 
the purpose of conveying water to any such dam or reservoir, or any 
of the wheels, mill-gear, or machinery of any mill, or shall willfully or 
wantonly, without color of right, draw off the water contained in any 
mill-pond, reservoir, canal, or trench, shall be punished by imprisonment 
in the state prison not more than five years, or by fine not exceeding 
five hundred dollars and imprisonment in the county jail not more than 
one year. [11582.] 

Malicious injury to bridge, turnpike gates, etc.: Every person 
who shall willfully and maliciously break down, injure, remove or destroy 
any public or toll bridge, or any railroad, or any turnpike gate, or any 
lock in any dam, or any lock, culvert or embankment of any canal, or 
who shall willfully and maliciously make any aperture or breach in any 
such embankment, with intent to destroy or injure the same, shall be 
punished by imprisonment in the state prison not more than five years, 
or by fine not exceeding five hundred dollars, and imprisonment in the 
county jail not more than one year. [11583.] 

II. Certain Offenses Against the Public Health. 

Selling unwholesome provisions without notice: If any person 
shall knowingly sell any kind of diseased, corrupted or unwholesome 
provisions, whether for meat or drink, without making the same fully 
known to the buyer, he shall be punished by imprisonment in the county 
jail not more than six months, or by fine not exceeding two hundred 
dollars. [11404.] 

Adulterating food and liquors: If any person shall fraudently 
adulterate, for the purpose of sale, any substance intended for food, or 
any wine, spirits, malt liquor, or other liquor intended for drinking, 
he shall be punished by imprisonment in the county jail not more than 
one year, or by fine not exceeding three hundred dollars, and the article so 
adulterated shall be forfeited and destroyed. [11404.] 

Dead animals; failure to bury; penalty for neglect: If any person 
or persons shall put any dead animal or part of the carcass of any dead 


OFFENSES. 


191 


animal, into any lake, river, creek, pond, road, street, alley, lane, lot, field, 
meadow or common, or in any place within one mile of the residence of 
any person or persons, except the same and every part thereof be buried 
at least two feet under ground, and if the owner or owners thereof 
shall knowingly permit the same to remain in any of the aforesaid places, 
to the injury of the health, or to the annoyance of the cttizens of this 
state, or any of them, every person so offending shall be deemed guilty 
of a misdemeanor, and upon conviction thereof shall forfeit and pay 
a sum not less than five dollars nor more than ten dollars, together with 
the costs of prosecution, and in default in the payment thereof, shall 
be imprisoned in the county in which such conviction may be had, 
not exceeding ten days, to be imposed by any court of competent juris¬ 
diction ; and every twenty-four hours said owner may permit the same 
to remain after such conviction, shall be deemed an additional offense 
against the provisions of this act, and upon conviction thereof shall forfeit 
and pay a further sum of not *less than ten dollars and not more than 
thirty dollars, together with the costs of prosecution, to be recovered as 
aforesaid, and in default in the payment thereof, be imprisoned as aforesaid 
not more than thirty days, or be punished by both such fine and imprison¬ 
ment, in the discretion of the court. [11432.] 

Slaughter houses, etc., not to be kept within twenty rods of high¬ 
way: No person shall keep or maintain any slaughter-house, slaugh¬ 
ter-yard or slaughter-pen, or any other place for slaughtering [butchering] 
or killing animals, or rendering dead animals as a business, within twenty 
rods of any public highway within this state, or in any other place, 
except as provided in section forty-six of this chapter. [11433.] 

Penalty: Any person offending against any of the provisions of 
the preceding section shall be deemed guilty of a misdemeanor, and, on 
conviction thereof, shall be punished by a fine of not more than one 
hundred nor' less than twenty dollars, and in default of the payment of 
such fine shall be imprisoned in the county jail of the proper county 
not more than ninety days nor less than twenty days, in the discretion 
of the court: Provided, That the provisions of this act shall not apply 
within the limits of incorporated villages and cities. [11434.] 

Regulation of the sale of poisons; duty of druggists; penalty for 
neglect thereof: Every apothecary, druggist, or other person who 
sells any arsenic, strychnine, corrosive sublimate, prussic acid, or other 
poison, shall keep a record of the date of such sale, the article and amount 
thereof sold, and the person or persons to whom delivered, and their 
residence, which record shall be open to the inspection of any police officer 
or physician during the business hours of each day; and each and every 
neglect to keep such record as herein provided, shall be deemed a mis¬ 
demeanor, and the person or persons guilty thereof shall, upon conviction 
thereof, be liable to a fine not exceeding fifty dollars. [11435.] 

Penalty for giving a false name: The giving a false or fictitious 
name to the apothecary, druggist, of other person from whom such 


192 


MICHIGAN FARM LAWS. 


poison was purchased, shall be deemed a misdemeanor, and the person 
or persons guilty thereof shall, upon conviction thereof, be liable to a 
fine not exceeding fifty dollars. [11436.] 

Coloring, stain or powder injurious to food prohibited: No per¬ 
son shall mix, color, stain or powder, or order or permit any other person 
to mix, color, stain or powder any article of food with any ingredient 
or material so as to render the article injurious to health, with the 
intent that the same may be sold; and no person shall knowingly sell 
or offer for sale, any such article so mixed, colored, stained or pow¬ 
dered. -[11426.] 

III. Certain Offenses Against Chastity, Etc. 

Blasphemy: If any person shall willfully blaspheme the holy 
name of God, by cursing, or contumeliously reproaching Gpd, he shall 
be punished by imprisonment in the county jail not more than six months, 
or by fine not exceeding fifty dollars. [11706.] 

Cursing and swearing: If any person who has arrived at the age 
of discretion, shall profanely curse or damn, or swear by the name of 
God, Jesus Christ, or the Holy Ghost, he shall, on conviction thereof 
before any justice of the peace, be punished by fine not exceeding five 
dollars, nor less than one dollar; but no such prosecution shall be sus¬ 
tained unless it shall be commenced within five days after the commission 
pf such offense. [11707.] 

Drunkenness; penalty: Any person who shall be drunk or intoxi¬ 
cated in any hotel, tavern, inn or place of public business, or in any 
railway car, or street car, or in any street, alley, lane, highway, or 
railway, or other public place, or in any public assemblage of people, 
shall, on conviction thereof before any court of competent jurisdiction, 
be punished by a fine not exceeding twenty dollars and the costs of 
prosecution, or by imprisonment in the common jail of the county not 
exceeding thirty days, or by both such fine and imprisonment in the 
discretion of the court. [11736.] 

Indecent or obscene language not to be used in presence of woman 
or child; penalty: It shall be unlawful for any person or persons to 
use any indecent, immoral, obscene, vulgar or insulting language in the 
presence or hearing of any woman or child within the limits of any 
township, village or city in the state of Michigan. Any person who 
shall violate any of the provisions' of this act shall, upon conviction 
thereof, be punished by a fine of not more than one hundred dollars or 
imprisonment in the county jail not exceeding ninety days, and in case 
of the non-payment of such fine when imposed, the court trying the same 
may make a further sentence that the offender be imprisoned in the 
county jail for a definite period not exceeding ninety days, unless said 
fine shall be sooner paid. [11737.] 

Disturbing religious worship: Any person who, on the first day 
of the week, or at any other time, shall willfully interrupt or disturb 


OFFENSES. 


1^3 

any assembly of people met for the worship of God, within the place 
of such meeting or out of it, shall, on conviction thereof before any 
justice of the peace, be punished by imprisonment in the county jail not 
more than thirty days, or by fine not exceeding fifty dollars. [11708.1- 

Exciting disturbance a misdemeanor; penalty: If any person shall 
make or excite any disturbance or contention in any tavern, store or 
grocery, street, lane, alley or highway, or at any election, or other public 
meeting where citizens are peaceably and lawfully assembled, he shall 
be deemed guilty of a misdemeanor, and upon conviction before any 
justice of the peace, or police justice, be punished by fine not exceeding 
twenty-five dollars and costs of prosecution, or imprisonment in the 
county jail not more than ninety days, or by both such fine and im¬ 
prisonment, in the discretion of the court or magistrate. [11709.] 

Prize fight; penalty for engaging in: Any person who shall here¬ 
after be a party to, or engage in a prize fight, or any other fight in 
the nature of a prize fight, in this state, or who shall aid or abet therein, 
*hall, on conviction thereof, be punished by imprisonment in the state 
1 rison for a term not exceeding five years, nor less than one year, 
or by a fine not exceeding two thousand dollars, nor less than two 
hundred dollars, or by both fine and imprisonment, at the discretion of the 
court. 

For training parties, or carrying to or from prize fight: All 

persons who shall engage in the training of any party to a prize fight, 
or shall assist therein, or who shall knowingly carry any person or per¬ 
sons to or from a prize fight, shall be deemed aiders and abettors, within, 
the meaning of the preceding section. [11733.] 

Meetings for religious worship not to be disturbed; selling liquors 
at shows, and obstruction of highways forbidden: No person shall 
willfully disturb, interrupt or disquiet any assembly of people met for re¬ 
ligious worship, by profane discourse, by rude and indecent behavior, or by 
making a noise either within the place of worship, or so near it as to dis¬ 
turb the order and solemnity of the meeting; nor shall any person within 
two miles of the place where any religious society shall be actually 
assembled for religious worship, expose to sale or gift, any ardent or 
distilled liquors, wine, beer, cider, fruit, or any other article of food 
or merchandise, or keep open any huxter shop in any other place, inn, 
stand or grocery, than such as shall be, or have been duly licensed, 
or in which such person shall have usually carried on such business; 
nor shall any person within the distance aforesaid, exhibit any shows 
or plays, unless the same shall have been duly licensed by the proper 
authority; nor shall any person within the distance aforesaid, promote, 
aid, or be engaged in any racing of any animals, or in any gaming 
of any description; nor shall any person obstruct the free passage of 
any highway to any place of public worship, within the distance afore¬ 
said. [11713.] 

13 M If L 


194 


MICHIGAN FARM LAWS. 


Penalty: Whoever shall violate either of the provisions of the 
foregoing section, may be convicted summarily before any justice of the 
peace of the county, or any mayor, recorder, alderman, or other magis¬ 
trate of any city or township where the offense shall be committed, 
and on such conviction shall forfeit a sum not exceeding twenty-five 
dollars, for the benefit of the township libraries, in the township in 
which such conviction is had. [.11714.] 

Duty of sheriffs, marshals, etc., when religious meeting is dis¬ 
turbed: It shall be the duty of all sheriffs, and their deputies, coro¬ 
ners, marshals, constables, a‘nd other peace officers, all presiding elders, 
and ministers of the gospel, deacons, stewards, and official members 
of any church or religious society, who may be present at the meeting 
of any assembly for religious worship which shall be interrupted or 
disturbed in the manner herein prohibited, on sight to apprehend the 
offender, and take him before some justice of the peace, or other magis¬ 
trate authorized to convict as aforesaid, to be proceeded against accord¬ 
ing to law. [11715.] 

May be ordered into custody of official members of church 

All judges, mayors, aldermen, recorders and justices of the peace, within 
their respective jurisdictions, upon their own view of any person offend¬ 
ing against the provisions of either of the last three preceding sections 
of this chapter, may order the offender into the custody of any officer 
in the preceding section named, or any official member of the church 
or society so assembled or disturbed, for safe keeping, until he shall 
be held to bail, or a trial for such offense be had. [11716.] 

Proceedings if penalty not paid or secured: If any person con¬ 
victed of any of the offenses herein prohibited, shall not immediately pay 
the penalty incurred, with the costs of the conviction, or give security to 
the satisfaction of the officer before whom the conviction shall be had, 
for the payment of the said penalty and costs within twenty days there¬ 
after, he shall be committed by warrant to the common jail of the 
county, until the same be paid, or for such term, not exceeding thirty 
days, as shall be specified in the warrant. [11717.] 

Persons complained of may demand jury, etc.; costs: It shall be 
lawful for any person complained of, for the violation of any of the 
provisions of either of the last two preceding sections of this chapter, 
before the court shall proceed to investigate the merits of the cause, 
to demand of such court, that he'may be tried by a jury; upon such 
demand, it shall be the duty of such court to issue a venire to any con¬ 
stable of the county or marshal of the city where the case is to be 
tried, commanding such officer to summon the same number of jurors, 
and in the same manner as is provided for in the summoning of jurors 
before courts of justices of the peace. The said court shall proceed to 
impanel a jury for the trial of said cause, in the same manner, and 
shall be subject to all the rules and regulations prescribed in the act 
providing for trial by jury in courts of justices of the peace; and the 


OFFENSES. 


195 


costs of suit shall be paid by the party offending in case of conviction, 
and shall be the same as is allowed by law in civil cases. [11718.]. 

Assault of females under 14 , felonous; punishment: If any male 
person or persons over the age of fourteen, years shall assault a female 
child under the age of fourteen years, and shall take indecent and 
improper liberties with the person of such child, without committing or 
intending to commit the crime of rape upon such child, he shall be 
deemed.a felonious assaulter, and on conviction thereof shall be punished 
by imprisonment in the st^te prison not more than ten years, or by 
fine not exceeding one thousand dollars, or both such fine and imprison¬ 
ment, in the discretion of the court. [11719.] 

Penalty for assault in certain cases: If any person shall under¬ 
take to medically treat any female person, and while so treating her, shall 
represent to such female that it is, or will be, necessary or beneficial 
to her health that she have sexual intercourse with a man, and shall 
thereby induce her to have carnal sexual intercourse with any man, or if 
any man, not being the husband of such female, shall have sexual inter¬ 
course with her by reason of such representation, the person or persons 
so offending shall, on conviction thereof, be punished by imprisonment 
in the state prison for any term of. years not exceeding ten years. 
[11721.] 

Unlawful for females to debauch boys under fifteen years of age: 
penalty: Any female person over the age of fifteen years,, who shall 
knowingly and willfully debauch the person and deprave the morals of 
any boy under the age of fifteen years, either by lewdly inducing o'r 
enticing any such boy to carnally know any such female person, or 
by indecent bodily contact with the person of any such boy communi¬ 
cating to him any venereal or other loathsome disease, shall be deemed 
guilty of a felony, and, upon conviction thereof, be punished by imprison¬ 
ment in the state prison for not more than five years, in the discretion of 
the court. [11722.] 

Unlawful for males to debauch boys under fifteen years of age; 
penalty: Any male person over the age of fifteen years who shall de¬ 
bauch and deprave the morals of any boy under fifteen years of age, 
by enticing or soliciting such boy to commit the abominable and detestable 
crime against nature, either with any man or beast, or who shall him¬ 
self commit or attempt to commit the abominable and detestable crime 
against nature with or upon any such boy, whether with or without the 
consent of such boy, shall be deemed guilty of a felony, and upon con¬ 
viction thereof be punished by imprisonment in the state prison for not 
more than five years, in the discretion of the court. [11723.] 

Display of certain pictures, etc., unlawful. It shall be unlawful for 
any person to post, place or display on any sign board, bill board, fence, 
building, sidewalk, or other object or in any street, road, or other public 
place, any sign, picture, printing, or other representation of murder, 
assassination, stabbing, fighting or of any personal violence, or of the 


.196 


MICHIGAN FARM LAWS. 


commission of any crime, or any representation of the human form in 
an attitude or dress which would be indecent in the case of a living 
person, if such person so appeared in any public street, square or highway. 

Prohibiting the printing, etc., of virtues of medicine in immoral 
language; penalty; each appearance of such publication a new offense: 
No person or persons, their agents or clerks, shall print, stamp, or engrave 
on any cards, bills, or posters for public display or advertisement, or 
publish in any newspaper in the state of Michigan, the virtues or 
applications and its or their effects of any such patent and other simple 
or compound medicine, in language of immoral tendency or of ambiguous 
character. Any person or persons, their agents or clerks, who shall fail 
to comply with the requirements herein expressed, shall be deemed guilty 
of a misdemeanor, and shall be liable to a fine not less than fifty nor 
more than one hundred dollars, or to imprisonment in the county jail 
not exceeding three months, or both, for each and every offense. Any 
proprietor or proprietress of any newspaper published in the state of 
Michigan, who shall permit any such publications to appear in consecutive 
issues, each and every day shall be deemed a new and separate offense, 
and shall be liable to a penalty as herein expressed. [11727.] 

Penalty for publishing, etc., circulars, etc.: The publication or 
sale within this state of any circular, pamphlet, or book containing recipes 
or prescriptions in indecent or obscene language for the cure of chronic 
female complaints or private diseases, or recipes or prescriptions for 
drops, pills, tinctures, or other compounds designed to prevent concep¬ 
tion, or tending to produce miscarriage or abortion is hereby prohibited; 
and for each copy thereof, so published and sold, containing such pro¬ 
hibited recipes or prescriptions, the publisher and seller shall each be 
deemed guilty of a misdemeanor, and shall be liable to the same pen¬ 
alties provided for a violation of the preceding section. [11728.] 

Obscene books or prints: If any person shll import, print, pub¬ 
lish, sell or distribute any book, pamphlet, ballad, printed paper, or other 
thing containing obscene language, or obscene prints, pictures, figures or 
descriptions, manifestly tending to the corrupttion of the morals of youth, 
or shall introduce into any family, school or place of education, or shall 
buy, procure, receive or have in his possession, any such book, pamphlet, 
ballad, printed paper or other thing, either for the purpose of sale, exhi¬ 
bition, loan or circulation, or with intent to introduce the same, into any 
family, school or place of education, shall be punished by imprisonment 
in the county jail not more than one year, or by fine not exceeding one 
thousand dollars. [11700.] 

Search warrant may issue for same; destruction of: Any jus¬ 
tice of the peace may issue a search warrant, for the purpose of searching 
for any such obscene books, pamphlets, ballads, printed papers or other 
things mentioned in the preceding section, in the manner provided by 
law in cases of property stolen or embezzled; and all such things, which 
shall be found by any officer, in executing a search warrant, or which 


OFFENSES. 


197 


shall be produced or brought into court, shall be safely kept so long as 
shall be necessary for the purpose of being used as evidence in any 
case and as soon as may be afterwards, shall be destroyed by order of 
the court before whom the same shall be brought. [11701.] 

An Act to Prevent the Sale or Otherwise Disposing of Obscene, Im¬ 
moral, and Indecent Books, Pamphlets, Papers, Prints, Pictures, 
Writings, and Other Objectionable News. 

What constitutes a misdemeanor under this act; penalty for: 

Any person who sells, lends, gives away, or offers to sell, lend, or 
give away, or shows, or has in [his] possession with intent to sell, 
lend, or give away, or to show or advertise, or who offers to loan, 
give, sell, or distribute any obscene, immoral, lewd, lascivious or in¬ 
decent book, magazine, pamphlet, newspaper, writing, paper, print, 
picture, drawing, publication, or photograph, or any article or instru¬ 
ment of indecent or immoral use, or who designs, copies, draws, pho¬ 
tographs, prints, utters, publishes, or otherwise prepares such a book, 
picture, drawing, paper, or other article or thing, or writes or prints, 
or causes to be written or printed, a circular, advertisement, or notice 
of any kind, or gives information orally, stating when, where, how, 
or of whom, or by what process such obscene article or thing can be 
purchased or obtained: or second, any person who sells, lends, gives 
away, or shows, or has in his possession with intent to sell, or give 
away, or to show, advertise, or otherwise offers for loan, gift, or distri¬ 
bution, any book, pamphlet, magazine, newspaper, or other printed paper, 
devoted to the publication or principally made up of criminal news, 
police reports, or accounts of criminal deeds, or pictures and stories of 
deeds of bloodshed, lust, or crime; or third, any person who in any 
manner hires, uses, or employs any minor child to sell, or give away, 
or in any manner to distribute, or who having the care, custody, or 
control of any minor child, permits such child to sell, give away, or 
in any other manner to distribute any book, magazine, pamphlet, news¬ 
paper, story paper, writing, paper, picture, drawing, photograph, or 
other article or matter coming within the description of' articles and 
matter mentioned in the first and second subdivisions of this section 
or any of them, shall be guilty of a misdemeanor, and upon conviction 
thereof, shall be punished by imprisonment in the county jail not more 
than three months, or by fine not exceeding one hundred dollars, or 
by both such fine and imprisonment in the discretion of the court. [11702.] 

IV. Certain Offenses Against Lives and Persons. 

i 

Cruelty to children; penalty; provisions for care of children: Any 

parent or guardian or person under whose protection any child may be, 
who tortures, cruelly or unlawfully punishes, or willfully, unlawfully, or 
negligently deprives of necessary food, clothing or shelter, or who will- 


198 


MICHIGAN FARM LAWS. 


fully abandons a child under sixteen years of age, or who habitually 
causes or permits the health of such child to he injured, his or her life 
endangered by exposure, want or other injury to his or her person, 
or causes or permits him or her to engage in any occupatioon that will be 
likely to endanger his or her health or deprave his or her morals or 
who habitually permits him or her to frequent public places for the 
purpose of . begging or receiving alms, or to frequent the company of 
or consort with reputed thieves or prostitutes, or by vicious training 
depraves the morals of such child, shall upon conviction be deemed guilty 
of a felony, and punished by imprisonment in the county jail or in the 
state prison or the state house of correction at Ionia at hard labor for 
not more than five years nor less than three months: Provided, however, 
If, after such conviction and before sentence, in case the child has not 
been deformed or maimed, he or she shall appear before the clerk of 
the court in which said conviction shall have taken place, and with good 
and sufficienty surety, to be approved by said clerk, enter into bond 
to the people of the state of Michigan in the penal sum of one thousand 
dollars conditioned that he or she will furnish such child or children 
with necessary and proper home, care, food, shelter, protection and 
clothing, the said court may suspend sentence therein. When complaint 
is made on oath or affirmation to a magistrate or court having juris¬ 
diction in such cases that the complainant believes that any of the pro¬ 
visions of law relating to or affecting children are being, or are about 
to be violated in any particular building or place, such magistrate or 
court being satisfied that there is reasonable ground for such belief, shall 
issue a warrant directed to the proper sheriff, constable, police officer or 
agent of such association, authorizing him to enter and search such 
building or place, and to arrest any person there present violating or 
attempting to violate any such law, and to bring such person before some 
court or magistrate of competent jurisdiction, together with the child 
or children concerning whom such offense has been committed, to be 
dealt with according to the law; and such attempt shall bq held to be a 
violation of such law, and shall subject the person charged therewith if 
found guilty to the penalties provided for such violation. [11507.] 

Toy pistols, cartridges, etc., sale or gift of to children under thir¬ 
teen years of age forbidden: No person shall sell, give, or furnish to 
any child under the age of thirteen years, any cartridge of any form or 
material, or any pistol, gun, or other mechanical contrivance, specially 
arranged or designated for the explosion of the same. [11530.] 

Penalty: Any person, violating any of the provisions of the fore¬ 
going section, shall be deemed guilty of a misdemeanor, and upon con¬ 
viction thereof, shall be punished by a fine of not less than ten dollars, 
nor more than fifty dollars, and costs of prosecution, or imprisonment 
in the county jail not less than ten days nor more than ninety days, or 
both such fine and imprisonment, in the discretion of the court. [11531.] 
Possession by children unlawful: It shall be unlawful for any per- 


OFFENSES. 


199 


son under the age of thirteen years, to have in possession or use any 
of the articles named in section one of this act. [11532..] 

Firearms; penalty for careless use of: Any person who shall 
intentionally, without malice, point or aim any fire-arm at or toward 
any other person,, shall be guilty of a misdemeanor, and shall be sub¬ 
ject to a fine of not more than fifty dollars, and not less than five 
dollars. [115Q9.] 

Penalty for discharge without injury: That any person who shall, 
discharge, without injury to any other person, any fire-arm, while inten¬ 
tionally, without malice, aimed at or toward any person, shall be guilty 
of a misdemeanor, and shall be liable to a fine of not less than one 
hundred dollars, or imprisonment in the county jail not to exceed one 
year, or both, at the discretion of the court. [11510.] 

Penalty for maiming or injuring; penalty in case of death: Any 
person who shall maim, or injure any other person by the discharge of 
any fire-arm pointed or aimed, intentionally but without malice, at any 
such person, shall be guilty of a misdemeanor, and shall be punished 
by a fine of not less than fifty dollars, or imprisonment in the county 
jail for a period of not more than one year; and if death ensue from such 
wounding or maiming, such person so offending shall be deemed guilty 
of the crime of manslaughter. [11511.] 

Action for damages: Any person maimed or wounded by the dis¬ 
charge of any fire-arm as aforesaid, or the heirs or representatives ©f any 
person who may be killed by such discharge, may have- an' action on the 
case against the party offending, for damages which shall be found by 
a jury, and such damages, when found, may, in the discretion of the court 
before which such action is brought, be doubled. [11512.] 

Poisoning food, wells, etc.; penalty: If any person shall mingle 
any poison with any food, drink or medicines, with intent to kill or 
injure any other person, or shall willfully poison any spring, well or 
reservoir of water, with such intent, he shall be punished by imprison¬ 
ment in the state prison for life, of any term of years. [11496.] 

V. Betting on Horse Races and Elections. 

a. HORSE, RACES* 

What deemed racing, and punishment therefor: All running, trot¬ 
ting, or pacing of horses, or any other animals, for any bet or stakes, 
in money, goods, or other valuable thing, excepting such as are by special 
laws for that purpose expressly allowed, shall be deemed racing within 
the meaning of this chapter, and are hereby declared to be common and 
public nuisances and misdemeanors; and all parties concerned therein, 
either as authors, betters, stakers, stake-holders, judges to determine the 
speed of animals, riders, contrivers, or abettors thereof, shall be deemed 
guilty of a misdeameanor, and shall be punished by a fine not exceeding 


200 


MICHIGAN FARM LAWS. 


five hundred dollars, or by imprisonment not exceeding one year in the 
-county jail. That the giving of premiums by agricultural and other soci¬ 
eties and associations, for the running and trotting horses at fairs or 
regularly appointed meetings shall not be illegal or unlawful. [11396.] 

Apprehension, etc., of persons offending: Upon his own view of 
any person offending against the provisions of this chapter, as well as 
upon the testimony of others, any justice of the peace may issue his 
warrant for the immediate apprehension of the persons so offending, 
to the end that they may be compelled to enter into recognizances, with 
sufficient sureties for their good behavior, and for their appearance at 
the next circuit court for the county, to answer for the said offenses. 
[1139-7.] 

Forfeiture for making up purse, etc.: Every person who shall 
■contribute or collect any money, goods, or things in action, for the pur¬ 
pose of making up a purse, plate, or other valuable thing, to be raced 
for by any animal, contrary to law, shall forfeit the sum of twenty-five 
dollars for each offense. [11398.] 

Owners to forfeit value of animal, etc.: The. owner in whole or 
in part of any animal that shall be used or employed by his permission 
or privity, in racing, contrary to law, shall forfeit the value of the animal 
so used or employed; and every person who shall be concerned in laying 
any bet or wager upon the vent of any illegal race, or in contributing 
to the stakes to be awarded upon any such event, shall forfeit the amount 
of the bet or wager so made, or of the sum or thing so contributed. 
[11399.] 

b. ELECTIONS. 

Penalty for betting on election: Any person who shall, either 
directly or indirectly, bet, wager, or hazard any money, or other property, 
upon the result of the election of any officer of this state, or of the United 
States, shall, on conviction thereof,* be liable to a fine at least equal 
in amount to the amount of money or the value of the property so bet, 
wagered or hazarded: Provided, That in no case shall such fine be less 
than five, nor more than five hundred dollars. [11444.] 

Selling pools on election, etc., prohibited; penalty for wagering 
money, etc., exceeding one hundred dollars: Any person who shall 
keep any room or building for the purpose, in part or in whole, of re¬ 
cording or registering bets or wagers, or of selling pools upon the result 
of any political nomination, appointment, or election, and any person 
who shall record or register bets or wagers or sell pools on such result, 
or any person who shall wager any property, money, or thing exceeding 
one hundred dollars in value on such result, or shall keep or employ any 
device or apparatus for the purpose of registering or recording bets or 
wagers, or the selling of such pools, shall be deemed guilty of a misde¬ 
meanor, and shall on [upon] conviction thereof be punished by impris¬ 
onment in. the county jail not more than one year, or by a fine not ex- 


OFFENSES. 


201 


ceeding one thousand dollars, or by both such fine and imprisonment. 
[11445.] 

Penalty for wagering money, etc., not exceeding one hundred dol¬ 
lars: Any person who shall wager any property, money or thing not 
exceeding one hundred dollars in value, or shall become the custodian 
or depository of any money, property, or thing of value, staked, wagered,- 
or pledged upon the result of any political nomination, appointment, or 
election, shall be deemed guilty of a misdemeanor, and shall upon con¬ 
viction thereof be punished by imprisonment in the county jail not 
more than three months, or by fine not exceeding one hundred dollars, 
or by both such fine and imprisonment. [11446.] 

VI. Bribing Voters. 

Persons deemed guilty of bribery who shall corrupt voters by: 

The following persons shall be guilty of bribery, and shall be punished 
accordingly: 

The offer of money or valuable consideration: First, Every per¬ 
son who shall, directly or indirectly, by himself or by any other person 
on his behalf, give, lend, or agree to give or lend, or shall offer or promise 
any money or valuable consideration or promise or endeavor to procure 
any money or valuable consideration to or for any voter, or to or for any 
person on behalf of any voter, or to or for any person in order to induce 
any voter to vote or refrain from voting, or shall corruptly do any such 
act as aforesaid, on account of such voter having voted or refrained from 
voting for any person, candidate or ticket at any public election in this 
state; 

The offer or promise of office, place, or employment: Second, 
Every person who shall, directly, or indirectly, by himself or by any 
other person on his behalf, give or procure, or agree to give or procure, 
or offer or promise any office, place, or employment, or promise to pro¬ 
cure or to endeavor to procure any office, place, or employment to or for 
any voter, or to or for any other person in order to induce such voter 
to vote or refrain from voting, or shall corruptly do any such act as 
aforesaid, on acount of any voter having voted or refrained from voting 
for any person, candidate or ticket, at any such election; 

The employment of others to corrupt voters: Third, Every per¬ 
son who shall, directly or indirectly, by himself or by any other person 
on his behalf, make any gift, loan, offer, promise, procurement, or agree¬ 
ment, as aforesaid, to or for any person, in order to induce such person 
to procure or endeavor to procure the election of any person to any public 
office in this state, or the vote of any voter at any such election: 

Who shall receive gift, etc., and in consequence attempt to cor¬ 
rupt voters: Fourth, Every person who shall upon, or in consequence 
of any such gift, loan, offer, promise, procurement, or agreement, procure 
or engage, promise or endeavor to procure the election of any person or 


202 


MICHIGAN FARM LAWS. 


persons to any public office or offices in this state, or the vote of any 
voter at any such election; 

Who shall advance money for bribery of voter: Fifth, Every 
person who shall advance, or pay, or cause to be paid any money 
to, or to the use of', any other person, with the: intent that such money or 
any part thereof shall be expended in bribery at any such election, or 
who shall knowingly pay or cause to be paid any money to any person in 
discharge or repayment of any money,, wholly or in part, expended in 
bribery at any such election. [11447.] 

Penalty for violating preceding sections; legitimate election ex¬ 
penses: Any person offending according to the provisions of the pre¬ 
ceding section, shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine of two hundred dollars; but the bona 
fide payment by any such candidate for office or other person for the fair 
and reasonable cost of printing tickets and slips or pasters, and of adver¬ 
tising in the newspapers- or by posters any political meeting, and: the rea¬ 
sonable and bona fide expenses of holding such meetings and procuring 
speakers, and getting out the people to the same, of obtaining- and dis¬ 
tributing papers and tickets and of bringing voters out to the; polls ; shall 
be held to be expenses lawfully incurred; and the payment thereof shall 
not be in contravention of thrs act. [11448.] 

VII. Gross Frauds and Cheats. 

Gross frauds and cheats; how punished: Every person who shall 
be convicted of any gross fraud or cheat at common law, shall be pun¬ 
ished by imprisonment in the state prison not more than ten years, or 
in the county jail not more than one year, or by fine not exceeding five 
hundred dollars. [11576.] 






CHAPTER 23. 

Promotion of Farming Interests of the State. 

I. Farmers’ Institutes. 

II. Farm Home Reading Circles. 

III. Experiment Bulletins. 

IV. Weather and Crop Reports. 

I. Farmers’ Institutes. 

Farmers’ institute society; how organized, etc.: When twenty 
or more persons, residents of any county in this state, organize them¬ 
selves into a society to be called the _________ county farmers’ insti¬ 
tute society, for the purpose of teaching better methods of farming, 
stock raising, fruit culture, and all branches of business connected with 
the industry of agriculture, and adopt a constitution and by-laws agree¬ 
able to rules and regulations furnished by the state board of agriculture, 
and when such society shall have elected such proper officers and per 
formed such other acts as may be required by the rules of said board, 
such society shall be deemed an institute society in the meaning of 
this act: Provided, That not more than one such institute society in 
any county shall be authorized by this act: And provided further, That 
any existing organization, approved by the board of agriculture, shall 
be considered a legally organized institute society under the terms of 
this act. [1879.] 

One official institute to be held annually in each county; State 
contribution to meetings of other societies in county, etc: In each 
county where an institute society shall be organized and maintained under 
the provisions of this act the state board of agriculture shall hold one 
annual institute at such place in the county, and at such time as said 
board may deem expedient, and shall furnish for the institute a lecturer 
or lecturers, with all expenses paid. The county institute society shall 
provide a suitable hall for the institute, furnish fuel and lights, and 
pay other local expenses, and shall provide speakers who shall occupy 
one-half the time of the institute that is given to set addresses: Pro¬ 
vided, That upon the request of any institute society which desires 
to conduct its own institute and to employ lecturers from outside of 
the county in lieu of lecturers sent by the state board of agriculture, 
the said hoard may, in its discretion, grant to the society from the 
institute fund money not to exceed twenty-five dollars, said money to 
be expended by the society entirely in payment of services and expenses 
of said lecturers. [1880.] 


203 



204 


MICHIGAN FARM LAWS. 


One day, and four day institutes; instruction, agricultural sub¬ 
jects, etc.: The state board of agriculture is further authorized to 
hold a number of one day institutes in such counties as it may deem 
expedient. Also, if the funds appropriated by this act permit the 
said board may hold a number of four day institutes at such places 
and times as said board may determine, at which the primary object 
shall be to furnish a school of instruction in practical agriculture and 
kindred sciences. [1881.] 

II. Farm Home Reading Circle. 

Farm home reading circle: The state board of agriculture shall 
maintain the course of reading known as the farm home reading circle, 
and may expend from the moneys appropriated by this act a sum not to 
exceed two hundred dollars for each of the two years for which the 
appropriation is made, for the maintenance and extension of said course. 
[1882.] 

III. Experiment Bulletins. 

Experiment bulletins to be prepared and distributed: The 

state board of agriculture is authorized to provide from time to time, 
in bulletin form, for the dissemination among the people of this state, 
and through the medium of the public press the results of experiments 
made in any of the different departments of the agricultural college, 
and such other information that they may deem of sufficient importance 
to require it to come to the immediate knowledge of the farmers and 
horticulturists of the state. [1868.] 

Professors of college to prepare articles and furnish newspapers: 
The several professors of chemistry, zoology, botany, agriculture, hor¬ 
ticulture, and veterinary science, shall each, at least twice in each year, 
not excluding the president and other professors, prepare for publication 
an article embracing such facts as they may deem of public importance, 
a copy of which shall be simultaneously sent to each and every news¬ 
paper published in the state, and to such persons as the state board of 
agriculture may think proper; said professors to so arrange that at least 
one of said articles shall be sent out, as above provided, the first week 
of each and every month, in each and every year. [1869.] 

IV. Weather and Crop Reports. 

Weather and crop reports: By Act No. 246, passed in 1895, 
there was established a bureau to be known as the Michigan weather 
service, the same to be a permanent institution and charge upon the 
state, and to consist of one director, who shall be detailed by the chief 
of the weather bureau, United States Department of Agriculture, and 
one voluntary observer in each county of the state where practicable. 


PROMOTION OF FARMING INTERESTS BY THE STATE. 205 

One thousand dollars is appropriated annually by the state to support 
said bureau, and all the taxable property of the state is assessed annually 
to raise the said sum. Section 4 of said Act as amended, June 7, 1899, 
n-dkes a provision of great importance to the agricultural interests of 
the state. It reads as follows: 

Monthly and annual summaries; weekly crop bulletin: “The 
director shall furnish to the State Board of Agriculture monthly and 
annual summaries for publication, which monthly and annual summaries 
shall be of like form and style as those published by other state weather 
services. The director shall also, during the agricultural planting, grow¬ 
ing and harvesting seasons, issue a weekly weather crop bulletin, which 

bulletin shall give the weather and crop conditions during those seasons 
* * * * » 

Regulating Sale of Binder Twine. 

[From Public Act No. 55 approved April 30, 1909.] 

No binder twine shall be sold, exposed or offered for sale within 
this state, except the same bear upon each ball a stamp, tag or label 
truly stating the name of the manufacturer, importer or jobber of such 
twine, the kind or kinds of material it contains, and the number of feet 
to the pound in such ball: Provided, That a deficiency not exceeding five 
per cent in the length or tensile strength stated on the stamp, tag or 
label shall not be a violation thereof. - 

Regulating Sale of Agricultural Seeds and Fruit Trees. 

[From Public Act No. 289 approved June 2, 1909.] 

Section 1. * *. * All fruit trees, including apple, pear, peach, 

cherry and plum, shall be true to name for which they are sold: * * * 

Sec. 6. No person shall sell or offer, expose or have in his posses¬ 
sion for sale for the purpose of seeding, any seeds of cereals, grasses, 
clovers or forage plants containing more than two per cent of any one 
or more of the following weeds: Quack grass, Agropyron repens Beauv.; 
charlock, Brassica arvensis B. S. P.; black mustard, Brassica nigra Kock; 
Indian mustard, Brassica juncea; false flax, Camelina sativa Crantz; 
Canada thistle, Carduus arvensis Robs; chicory, Cichorium intybus L.; 
oxeye daisy, Chrysanthemum Laucanthemum L.; dodder, Cuscuta; wild 
carrot, Daucus carota L.; orange hawkweed, Hieracium aurantiacum L.; 
toadflax, butter and eggs, Linaria linaria Karst; narrow-leaved plaintain, 
Plantago lanceolata L.; Rugel’s plantain, Plantago Rugelii Dec.; night 
flowering catchfly, Silene notifora L.; penny-cress, Thlaspi arvensis L. 

Sec. 7. Seeds sold or offered for sale shall not contain adulteration 
of more than five per cent of other distinguishable seed, sand, crushed 
rock or any other materials to be found mixed with agricultural seed, 
and considered by the director of the state experimental station to be 
as objectionable as any of those named in section six. ***** 


CHAPTER 24 
Roads'. 


1. 

11. 

hi. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 
XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 

XXI. 

XXII. 

XXIII. 

XXIV. 

XXV. 


The laws relating to the establishment, opening, improvement, main¬ 
tenance and use of highways and private roads, and the building, re¬ 
pairing and 'preservation of bridges within the State of Michigan were 
revised, consolidated and enlarged by Public Act No. 288, approved 
June 2, 1909. The said act contains twenty-four chapters the titles to 
all of which are given above. While our object is to state in this book 
only those laws defining the rights and duties of citizens in the use and 
care of the roads, we have stated' some of the provisions relating to 
the laying out and maintaining of highways. It was not intended that 
road-building and highway systems should be discussed or treated in 
this book. That is a broad^ subject requiring more space and attention 
than could be given it in this small volume. As above stated, the rights 
and duties of each citizen in the roads are the principal matters we shall 
attempt to set forth. 

The new “Michigan Motor Vehicle Law” also approved June 2, 1909, 
is of great importance and we give at the end of this chapter the prin¬ 
cipal provisions affecting the rights of farmers. 


Laying out, altering and discontinuing highways. 

Taxes for highway purposes. 

Good ’ roads district. 

County road law. 

State reward for roads. 

For security of persons and property on the highways. 
The obstruction of highways and encroachments thereon. 
The erection, repairing and preservation of' bridges. 
Opening of private roads and temporary highways. 
Penalties and forfeitures. 

Shade trees in highways. 

General duties of commissioners and overseers. 
Miscellaneous provisions. 

Highway taxes and assessments thereof. 

Drains. 

Powers and duties of boards of supervisors. 

Toll roads. 

Highway orders. 

Culverts or cattle-passes and hedges. 

State Roads. 

Sidewalks. 

Recovery of damages. 

Law of the road. 

Noxious weeds. 

Michigan Motor Vehicle Law. 




206 


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207 


The foregoing laws together with two minor acts, Public Act No. 33, 
approved April 14, 1909, and Public Act No. 266, approved June 2, 1909, 
practically embrace all the laws relating to roads in the State of Mich¬ 
igan. We make reference below to all of them. 

[From Public Act No. 283 approved June 2, 1909.] 

CHAPTER I. 

Laying Out, Altering and Discontinuing Highways. 

Section 1 . Public highways shall not be less than four rods in 
width, except when laid out and established in the manner hereinafter 
prescribed, and they may be laid out, altered or discontinued under the 
provisions af this chapter: 

First, By the commissioner of highways of any township, within 
his township, upon the written application of seven or more freeholders 
of such township; 

Second, By the joint action of the commissioners of highways 
of adjoining townships, on the line between such townships, on the writ¬ 
ten application of seven or more freeholders of each township, addressed 
to the commissioner of either township; 

Third, By the concurrent action of the commissioner of high¬ 
ways of any township and the municipal authority of any adjoining city 
or village having, by law, jurisdiction in laying out streets or highways, 
on the line between such township and such city or village, on the writ¬ 
ten application of seven or more freeholders of each township, city or 
village; 

Fourth, Commissioners of highways shall also have power to lay 
out and- establish highways on section lines, through uninclosed and 
unimproved lands, without the application required by the first sub- 
divisfon of this section. 

***** 

Sec. 15. No line road which shall have been in use as such for a 
period of ten years shall be discontinued except upon the unanimous 
vote of all the officers or authorities present and acting in the premises, 
approved, in the case of township roads, by the township board, and in 
case of line roads, by the township boards, or by the township board 
and city or village council, as the case may be; and no second applica¬ 
tion shall be entertained within twelve months, or a third application 
within two £ears for the discontinuance of any such road, unless twice 
the number of freeholders shall sign the application as is required 
in the first instance. 

***** 

Sec. 20. All highways regularly established in pursuance of 
existing laws, all roads that shall have been used as such for ten years 


208 


MICHIGAN FARM LAWS. 


or more, whether any record or other proof exists that they were ever 
established as highways or not, and all roads which have been or which 
may hereafter be laid out and not recorded, and which shall have been 
used eight years or more, shall be deemed public highways, subject to 
be altered or dicontinued according to the provisions of this act. All 
highways that are or that may become such by time and use, shall be 
four rods in width, and where they are situated on section or quarter 
section lines, such lines shall be the center of such roads, and the land 
belonging to such roads shall be two rods in width on each side of such 
lines. • 

* * * * * 

Sec. 24. When any damages may be awarded under the provisions 
of this chapter in consequence of laying out or altering any highway, 
before such highway shall be opened, the amount of such damages shall 
be paid or tendered to the person or persons entitled thereto, or an 
order on the treasurer of the proper township, city or village, for the 
amount of such damages, shall be delivered or tendered to such person 
or persons, * * * 

* * * * * 

CHAPTER II. 

Taxes for Highway Purposes. 

* * * * * 

CHAPTER III. 

Good Roads District. 

***** 

CHAPTER IV. 

County Road Law. 

***** 

CHAPTER V. 

State Reward for Roads. 

* * * * * 

CHAPTER VI. 

For the Security of Persons and Property on the Highways. 

Section 1. When any public highway which passes along the bank 
of any lake, river, or other water course, and which is not included in 
the limits of a city, or of a platted village, whether incorporated or 
unincorporated, shall, by the falling or washing away of the bank, or 
from any other cause become reduced to a width of less than fifty feet, 
it shall be the duty of the commissioner, acting upon his own knowledge, 


ROADS. 


209 


or on being notified thereof in writing, by any person of adult age, such 
notice stating the place or places where such defect exists, to proceed 
within tpn days, and examine the same, and if he finds it to be less 
than- fifty feet wide, he shall forthwith lay out, open and work such 
highway in and upon the adjacent land to the width of fifty feet; and 
if such land be inclosed, he shall, within ten days, give notice in writ¬ 
ing to the ^wner or occupant of such land, requiring such owner or 
occupant within thirty days to remove the fence, hedge or other structure 
forming the inclosure, back from the bank far enough to admit of such 
opening and working, and if such owner or occupant shall neglect to 
remove the same, as required by such notice, it shall be the duty of 
the commissioner forthwith to remove such fence or other structure, 
doing the owner or occupant no unnecessary damage in making such 
removal. In cities and platted villages, whether incorporated or un¬ 
incorporated, street or public highways reduced in width as aforesaid, 
shall be restored, repaired, and protected by the municipal corporation 
having charge of such streets or highways. 

Section 2. When any such highway is less than fifty feet wide, 
and more than thirty-five feet wide, the commissioner may, in his dis¬ 
cretion, instead of widening the same erect near the edge of the bank, 
and thereafter maintain in good order a substantial railing or fence, 
which shall be at least three feet high and sufficiently strong to prevent 
persons, carriages and animals from falling over such bank. 

Section 3. When any dwelling house or other building shall stand 
so near any lake, river or other water course, where a highway, which 
is not included in the limits of a city, or of a platted village, whether 
incorporated or unincorporated, intervenes, that there shall not be room 
for a road at least thirty-five feet wide, then the commissioner shall, 
within ten days after having knowledge of the fact, give thirty days’ 
notice in writing to the owner or occupant of the land to be taken, 
and to the owner or occupant of such house or other building, of his 
intention to open a highway in the rear of such house or other building, 
and if such house or other building shall, within the said thirty days,, 
be moved back far enough to admit of a road being opened and worked 
at least thirty-five feet wide in front thereof, then the commissioner 
shall widen stich highway in front of such house or other building; but 
if such house or other building shall not be so removed, he shall then 
proceed without further delay to lay out a highway in the rear of such- 
house or other building, not less than fifty feet wide. 

Section 4. Whenever any commissioner acting under the pro¬ 
visions of this chapter, shall remove or cause to be removed, any fence,, 
hedge, or other structure forming the enclosure, and shall take any 
land to widen a highway, or shall lay out a highway in the rear of any 
house or other building, he shall award such damages to the owner of 
the property taken, and for removing such fence, hedge or other .struc¬ 
ture forming the enclosure when done by the owner, as to him shall. 


210 


MICHIGAN FARM LAWS. 


seem just and reasonable, and shall tender to the person entitled thereto 
an order on the treasurer of his township for the amount of any damages 
awarded to such person; * * * . 

Section 5. It shall be the duty of the commissioner of highways 
of each township to see that all plank or gravel road companies, or 
companies owning or controlling any kind of toll road, maintain their 
roads in a good and safe condition at all times * * * 

***** 

CHAPTER VII. 

The Obstruction of Highways and Encroachments Thereon. ’ 

Section 1. In every case where a public highway has been or 
shall be encroached upon by any fence, building, or other encroachment, 
the commissioner may make an order under his hand requiring the 
occupant of the land through or by which such highway runs, and of 
which such fence, building, or other encroachment forms a part of 
the enclosure, to remove such encroachment from such highway within 
thirty days; and he shall cause a copy of such order to be served 
upon such occupant, and every such order shall specify the width of 
the road, the greatest extent of the encroachment, and of what it 
consists, and the place or places in which the same may be, with 
reasonable certainty; but fences erected for the protection of hedges, 
or temporary fences for the protection of other improvements,- shall 
not be deemed encroachments, so long as they may be necessary for 
such protection, unless the road be so fenced up as to make the traveled 
portion less than eighteen feet wide, provided that such hedges or other 
improvements be not themselves encroachments. 

***** 

CHAPTER VIII. 

The Erection, Repairing and Preservation of Bridges. 

***** 

CHAPTER IX. 

Opening of Private Roads and Temporary Highways. 

Section 1. Whenever application shall be made to the commissioner 
of highways of any township for a private road, he shall give notice 
in writing to the owner or occupant of the land over which the road is 
proposed to be laid out, to meet on a day and at a place certain, which 
shall not be more than ten nor less than five days from the time of 
service of such notice, for the purpose of aiding in the striking of a 
jury to determine as to the necessity of such road; and if the land over 


ROADS. 


211 


which it is proposed to lay such road be non-resident and the owner 
thereof does not reside in the county, such Notice shall be served in the 
same manner as is provided in case of bearing on laying out public 
roads, and proof of such service or posting shall be made in like man¬ 
ner. 

j{: >Jc % 9 

Sec. 6. Private roads shall not be less than one rod in width, and 
when laid out as above provided, shall be for the use of the applicant, 
his heirs and assigns, but not to be converted to any other use or pur¬ 
pose than that of a road; but the owner or occupant of the land 
through which such road shall be laid out shall not be prevented from 
making use thereof as a road, if he shall signify his intention of so 
doing to the jury at the time of laying out such road, and before the 
appraisal of the damages by them. 

. Sec. 7. Whenever any resident owner of any timbered land, not 
less than forty acres, shall wish to have a temporary highway laid out, 
he may, in writing, make application to the commissioner of highways 
of the proper township for that purpose, who shall proceed to lay out 
such temporary highway, in all respects as provided by law in relation 
to laying out public highways, except as hereinafter provided. 

* * * * * 

Sec. 10. In case such highway is only to be used in the winter time 
such facts shall be set up in the application and also in the finding of 
the commissioner and township board and this shall be taken into con¬ 
sideration in awarding damages to the owners of the land crossed. 


CHAPTER X . 

Penalties and Forfeitures. 

* * He s)t * 

Sec. 4. Whoever shall wilfully obstruct the navigation of any river 
or stream, which is now or may hereafter be declared a public highway, 
by felling any tree therein or by putting into any such river or stream 
any refuse lumber, slabs, or other waste materials, or who shall wilfully 
obstruct any highway, or fill up or place any obstructions in any ditch 
constructed for draining the water from any highway, or who shall 
injure any highway by diverting any creek, or by obstructing any water 
» course or sluice, shall forfeit for every such offense a sum not exceeding 
twenty-five dollars. 

Sec. 5. Whoever shall wilfully destroy, remove, injure, or de¬ 
face any mile-stone, mile-board, guide-post, or guide-board erected 
on any highway, or shall wilfully injure or deface any inscription or 


212 


MICHIGAN FARM LAWS. 


device placed thereupon, or who shall wilfully injure or deface any 
watering-trough, basin, or fountain placed upon the highway for the use 
of the public or for ornament, shall forfeit for each offense the sum of 
twenty-live dollars. 

Sec. 6 . ’ Any person who shall wilfully injure, deface, tear, or de¬ 
stroy any tree or shrub planted along the margin of the highway, or 
purposely left there for shade or ornament, or who shall -hitch any 
horse to any such tree, by means of which the same shall suffer injury, 
or who shall negligently or carelessly, by any other means, suffer any 
horse or other beast driven by or for him, or any beast belonging 
to him and lawfully in the highway, to break down, destroy, or injure 
any tree or shrub not his own, standing for use or ornament in any high¬ 
way, shall be liable to an action for damages in a sum not less than 
one nor more than twenty-five dollars for each offense, to be recovered 
at the suit and for the benefit of the owner or tenant of the land in 
front of which such tree or shrub stands, or at the suit of the commis¬ 
sioner in whose township such tree or shrub may be situated, for the 
benefit of the highway improvement fund of such township. 

Sec. 7. Whoever shall injure any bridge maintained at the public 
charge, or any public road, by drawing logs or timber on the surface 
of any such road or bridge, or by any such act, shall be liable in dam¬ 
ages to three times the amount of the injury, to be recovered in an 
action of trespass or on the case, by the commissioner of highways of 
the township within which the injury was done, in his name of office,-, 
to be expended by him in the repair of roads in his township. 

- Sec. 8. If any trees shall fall or be fallen by any person from any 
occupied land into any highway, any person may give notice to the 
occupant of the land from which such trees shall have fallen to re¬ 
move the same in two days, and if such tree shall not be removed 
within that time, but shall continue in such highway, such occupant shall 
forfeit the sum of fifty cents for every day thereafter until such tree 
shall be removed. 

Sec. 9. If any person or persons unless duly authorized by the 
highway commissioner of the township shall put any garbage, rubbish 
or-waste material of any kind into any highway of any township of 
this State, with the intent to permit the same to remain therein, to the 
injury in any way of said highway, or to the annoyance of the citizens 
of this State, or any of them, every person so offending shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall forfeit and 
pay a sum not less than five dollars nor more than ten dollars, to¬ 
gether with the costs of prosecution, and in default in the payment 
thereof shall be imprisoned in the county jail of the county in which 
such conviction may be had not exceeding ten days, or both such fine 
and imprisonment in the discretion of the court. 


ROADS. 


213 


CHAPTER XI. 

Shade Trees in Highways. 

Section 1 . Shade trees shall be planted along both sides of the 
public highways, at the uniform distance, as near as may be, of sixty 
feet apart, and not less than twenty-three nor more than twenty-five 
feet from the center line of the highway, but the township board of any 
township may direct as to the distance which trees may be set from 
each other or from the outer line of the highway. All trees now grow¬ 
ing upon the sides of any highway, and all trees that may be hereafter 
planted thereon, standing more than sixty feet apart, shall be pre¬ 
served, and shall not be injured or removed, unless by direction of the 
commissioner of highways, and with the consent of the owner of the 
adjoining land, unless such trees shall interfere with or obstruct the 
travel on the highway: Provided, That the provisions of this chapter 
in whole or in part shall not be deemed mandatory in townships in 
which the electors may by vote at a township meeting, thus determine. 

Sec. 2. In townships where trees are not planted and growing along 
the highways as required by section one of this chapter the highway 
commissioner may cause to be set out each year as many trees as he 
may deem advisable in his township where the adjoining lands are 
cleared, but shall not expend to exceed ten per centum of the road 
repair tax in any one year for such purpose. The commissioner shall 
particularly attend to the planting of such trees, and shall allow no 
unsuitable tree nor any tree lacking sufficie»t roots or vitality to be 
planted, and he shall have the charge and care of the same: Provided, 
however, That the cost shall not exceed twenty-five cents for each tree 
so set out. 

Sec. 3. Telegraph companies are authorized to enter upon and 
construct and maintain lines of telegraph through, along, and upon any 
of the public roads and highways, or across or under any of the waters 
within the limits of this State, by the erection of the necessary fixtures, 
including posts, piers or abutments for sustaining the cords or wires of 
such lines: Provided, That said telegraph companies before the con¬ 
struction and erection of said lines and poles, shall first obtain the con¬ 
sent of the duly constituted authorities of the city, village or township 
through or along which said telegraph lines and poles are to be con¬ 
structed and erected: Provided, further, That the same shall not be so 
constructed as to incommode the public use of said roads or highways, 
or- injuriously interrupt the navigation of said waters; nor shall this act 
be so construed as to authorize the construction of any bridge across 
any of the waters of this State: Provided further, That this act shall 
not be construed to authorize any such association to injure, deface, tear, 
cut down, or destroy any tree or shrub planted along the margin of any 
highway in this State, or purposely left there for shade or ornament. 


214 


MICHIGAN FARM LAWS. 


Said association, ins.tead of running or placing their wires on posts, may 
if they choose, run or place the same underground, with a suitable or 
proper covering for the protection of the same. 

Sec. 4. Telephone companies shall have power to construct and 
maintain lines of wire or other material, for use in the transmission 
of telephonic messages along, over, across, or under any public places, 
streets and highways, and acrdss or under any of the waters in this 
State, with all necessary erections and fixtures therefor: Provided, That 
said telephone companies, before the construction and erection of said 
telephone lines and poles, shall first obtain the consent of the duly con¬ 
stituted authorities of the city, village or township through or along 
which said telephone lines and poles are to be constructed and erected: 
Provided further, That the same shall not injuriously interfere with 
other*public uses of the said places, streets and highways, or injure, 
deface, tear, cut down, or destroy any tree or shrub planted along the 
margin of any highway in this State, or purposely left there for shade 
or ornament nor shall the same interfere with the navigation of said 
waters, or the running of railway trains * * * 

CHAPTER XII. 

General Duties of Commissioners and Overseers. 

* * * * s|t 

CHAPTER XIII. 

Miscellaneous Provisions. 

* * *, * * 

CHAPTER XIV. 

Highway Taxes and the Assessment Thereof. 

* * * * * 

CHAPTER XV. 

Drains. 

Section 1 . Drains may be laid along and within % the limits of or 
across any public highway: Provided, That when it is proposed to con¬ 
struct a drain in whole or in part along a public highway, the owners of 
the land abutting on the side of the highway along which such drain is 
proposed to be laid, shall be considered as still owning the fee of such 
land, and it shall be necessary # for the county drain commissioner to 
obtain from them severally a release of their rights to so much of said 


ROADS. 


215 


highway as is necessary and proposed to be taken for the right of way 
of said drain, and for all damages on account thereof. In case such 

release is not executed within the time (a) prescribed in section four 

of chapter three, such release (b) shall be obtained in the same manner 
as is provided in this act for obtaining private lands. 

Sec. 2. When any drain crosses a highway, the cost of construct¬ 
ing the necessary bridge or culvert shall be charged in the first instance 
as part of the cost of construction of such drain, after which such 
bridge or culvert shall be maintained as part of the highway, and such 
bridge or culvert shall be of material that will render it permanent, 
and shall be built of sufficient strength to safely carry a ten ton load. 
When a drain passes along a highway, there shall be constructed at least 
one bridge or passageway across such drain connecting the highway with 
each enclosed field and with each farm entrance, which bridge or pas¬ 
sageway shall also be charged in the first instance as a part of the 

construction of such drain, after which such bridge or passageway shall 
be maintained by the owner of the land. 

Sec. 3. Before any drain shall be laid along a public highway, the 
highway commissioner of the township in which the drain is located shall 
be consulted and his consent as to the proposed location of the drain 
shall be obtained in writing, which consent shall stipulate how close to 
the center line of the highway any excavation required in the construction 
of such drain may be made. 

Sec. 4. The county drain commissioner shall apportion the per 
centum of the cost of construction of such drain which any township 
traversed or benefited thereby shall be liable to pay by reason of the 
benefit to the public health, convenience or welfare, or as the means 
of improving any highway, and he shall also apportion the per centum 
of benefits to accrue to any piece or parcel of land by reason of the 
construction of such drain, over and above the per centum assessed 
against such towmship as aforesaid, which per centum of benefits shall 
be apportioned upon and assessed against the lands benefited according to 
such assessment of benefits and which apportionments he shall an¬ 
nounce at the time and place of letting, as provided in chapter four. 

Such assessment of per centum for benefits shall thereupon be subject 
to review and correction, and may be appealed from in the manner 
hereinafter provided. 

Sec. 5. Whenever it is necessary or more convenient for the proper 
drainage of any highway in this State that the surplus water be taken 
onto or across the land adjacent thereto, the highway commissioner of 
the township in which said highway is situated, may secure the right of 
way and may open such drain or outlet for the water, and for these 

purposes may use any highway moneys of the township not otherwise 

appropriated, and such sums as may be voted for that use by the electors 
of the township. The highway commissioner shall secure the right of 


216 


MICHIGAN FARM LAWS. 


way for any such drain by gift or purchase from the owners of the 
land to be crossed by such drain; but in case of purchase the purchase 
price must be approved by the township board before any money be 
paid thereon. Such right of way shall be acquired by deed duly exe¬ 
cuted by the owner or owners of the lands sought to be crossed by 
the said drain, and shall be taken in the name of the township wherein 
the same is located, and filed in the office of the register of deeds of 
the county before any highway money shall be expended in opening such 
drain outside the highway limits. 

Sec. 6 . The highway commissioner shall report to the electors of the 
township at their annual meeting the amount of money expended by him 
during the year for such highway drainage, specifying the amount ex¬ 
pended on each drain. He shall also recommend the raising of such 
sums as he may deem necessary for opening drains from the highway 
during the coming year, specifying each proposed drain and the prob¬ 
able amount needed for securing the right of way and opening the same. 
The money voted for this purpose by the electors of the township shall 
■constitute a special highway drain fund, and shall be used for no other 
purpose. In case any money be left in the fund, after opening the 
drain for which it was raised, it may be used in opening any other high¬ 
way drain in the township, or in cleaning out, when necessary, those 
already opened. 

Sec. 7. On the completion by the highway commission of any drain 
constructed under the provisions of this act, it shall be the duty of said 
highway commissioner to file in the office of the county drain commis¬ 
sioner a detailed report of the construction of such drain, giving the 
date of construction, the termini and general course thereof, together 
with a copy of the deed by which the right of way therefore was se¬ 
cured. Nothing in the provisions of the preceding sections shall be con¬ 
strued as giving to highway commissioners power to lay out and con¬ 
struct drains having any other purpose than the drainage of highways. 

Sec. 8. In case the highway commissioner cannot secure the right 
of way across adjacent lands for the construction of any drain by 
agreement with the owner or owners of the land through which it will 
pass, he may make under his name of office an application to the drain 
commissioner of the county in which the proposed drain is situated, to 
lay out and establish the said drain. Such application shall conform 
to the law regulating applications for the construction of drains, and 
shall require no other signature than his own as highway commissioner. 
Such application shall have the same force and effect and be subject in 
other respects to the same laws and regulations that govern other appli¬ 
cations for the establishment of drains, and shall confer jurisdiction and 
authority on the county drain commissioner to lay out and establish such 
.drain under and by virtue and in pursuance of the law governing the 
.location and establishment of other drains'. 


ROADS. 


217 


CHAPTER XVI. 

Powers and Duties of Boards of Supervisors. 

***** 

CHAPTER XVII. 

Toll Roads. 

*****. 

CHAPTER XVIII. 

Highway Orders. 

***** 

CHAPTER XIX. 

Culverts, or Cattle-Passes and Hedges. 

Section 1. It shall be lawful for all persons owning land on op¬ 
posite sides of any public highway to construct culverts or cattle-passes 
under such highways: Provided, That formal application is made to, 
and permission obtained from the commissioner of highways of the 
township in which said land is» situated, for such construction: Pro¬ 
vided further, That such construction and maintenance shall be wholly 
at the expense of such applicant, his heirs and assigns. 

Section 2. Such culverts or cattle-passes, when constructed, shall 
be of such material and according to such plan as the commissioner of 
highways shall direct. 

Section 3. In case any such applicant, heirs or assigns shall fail 
to keep his culvert or cattle-pass already constructed, or hereafter to 
be constructed, in good repair, it shall be the duty of such highway 
commissioner to remove such culvert or cattle-pass from such highway 
at the expense _ of such applicant, or owner, heirs or assigns, such ex¬ 
pense to be collected by suit ’in the name of such commissioner of high¬ 
ways in an action of trespass on the case before any justice of the peace 
of such township. 

Section 4. A record of such culverts or cattle-passes, and of all 
proceedings relating thereto, shall be kept in the manner substantially 
as is provided for ,the record of private roads. 

Section 5. It shall be the duty of every owner, occupant or person 
having charge of lands in this State, to cut or trim, or cause to be cut 
or trimmed, to a height not exceeding four and one-half feet and a 
width not to exceed three feet, all hedges or hedge rows along, or on 












218 MICHIGAN FARM LAWS. 

the public highway, or adjacent thereto, in‘each and ever^ year, except 
such hedges as shall have been set out for the protection of fruit trees- 
and nursery stock. Trimmings or brush from such hedge rows shall 
not be left lying-within the limits of the highway, but shall be forth¬ 
with removed. 

Section 6 . Any owner, occupant or person having charge of lands 
who shall fail to comply with the provisions of this act, on conviction 
before a court of competent jurisdiction, shall be punished by a fine not 
more than ten dollars, together with the cost of prosecution, and in 
default of payment of the same shall be imprisoned in the county jail 
of the county where the land is situated, for a period not exceeding 
twenty days. 


CHAPTER XX. 

State Roads. 

* * * * * 

CHAPTER XXI. 

Sidewalks. 

* * * $ * 

Section 2. Public sidewalks may be established, opened, improved,, 
and maintained within the boundaries, and along the highways, within 
this State under the provisions of this act; and the townships and un¬ 
incorporated villages of this State shall possess the authority herein 
prescribed, for the building, repairing, and preserving the same. 

Section 3. Public sidewalks shall not be less than four feet in 
width when constructed of earth, and may be laid out, altered, or dis¬ 
continued by the commissioner of highways of any township, upon the 
written application of a majority of the taxpayers abutting such walk. 

^ >[c jJ; % 

Section 8 . Whoever shall ride or drive upon any sidewalk laid 

out according to the provisions of this act, except for the purpose of 
crossing the same, shall be deemed guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine not exceeding five dol¬ 
lars and the costs of prosecution, or by imprisonment in the county jail 
of the county not exceeding ten days, or by both such fine and im¬ 
prisonment, in the descretion of the court. 

Section 9. It shall be unlawful for any person, wilfully, to drive 
any cattle, horses, sheep, swine or other animals, or to ricle or drive 
any vehicle other than bicycles or tricycles, upon and along the side- 
paths and sidewalks, whether constructed by private persons or public 
authority for the use of pedestrians and bicycles, in the public highways. 










ROADS. 


219 


and roads of this State, outside of incorporated cities and villages: 
Provided, That such paths and sidewalks to be protected by the pro¬ 
visions of this act shall be on only one side of any roadway and in 
some manner separated and distinguished from the main traveled part 
of the highway: Provided further, That the location of such path or 
paths shall first have been determined by the commissioner of high¬ 
ways or the county road commissioner, such determination to be filed 
in the office of the township clerk or the clerk of the county, as the 
case may be: Provided further, That persons feeling themselves ag¬ 
grieved at the decision of said highway commissioner shall have the 
right to appeal from his decision to the township board in the same 
manner as now provided by law in laying out and constructing highways. 

Section 10. It shall be unlawful for any person, wilfully to injure 
or destroy, or render impassable or dangerous for pedestrians or per¬ 
sons riding bicycles, any side-path or walk as described in section nine 
of this chapter. 

Sec. 11. It shall be unlawful for any person wilfully to place 

upon the surface of any such public street or highway in this State, 
or upon any sidewalk or path appurtenant thereto, any glass, metal, 

stones, earthenware or other substance of a nature likely to cause injury 
to travelers, pedestrians, carriages, bicycles or other vehicles used on 
said road, or which are of a nature likely to wound, disable or injure 
any horse or other animal, or to cut, injure or puncture any pneumatic 
tire: Provided, Nothing contained in this section shall be so con¬ 

strued as to prohibit the public authorities from using any usual or 
proper means in the improvement of roads and highways. 

Sec. 12. Whenever any such side-path or walk is constructed 

less than twelve feet from the center of the highway, it shall be con¬ 
sidered as part of such highway. No side-path or walk within the 
meaning of this act shall exceed five feet in width. Nothing in this 
act shall be construed to prevent any person from driving across said 
paths or walks for the purpose of entering private property. 

Sec. 13. Any person found guilty of a violation of this act 

shall be deemed guilty of a misdemeanor and punished by a fine of not 
less than one dollar, nor more than ten dollars for each offense, to¬ 
gether with costs of prosecution, or imprisonment in the county jail 
not exceeding ten days, or by both such fine and imprisonment in the 
discretion of the court; and shall further be liable in an action to 
any person who shall suffer injury to his person or property by reason 
of such violation of the provisions 'of this act. 

CHAPTER XXII. 

Recovery of Damages. 

Section 1. Any person or persons sustaining bodily injury upon 
any of the public highways or streets in this State, by reason of neglect 


220 


MICHIGAN FARM LAWS. 


to keep such public highways or streets, and all bridges, sidewalks, 
crosswalks and culverts on the same in reasonable repair, and in 
condition reasonably safe and fit for travel by the township, village, 
city or corporation whose corporate authority extends over such public 
highway, street, bridge, sidewalk, crosswalk or culvert, and whose duty 
it is to keep the same in reasonable repair, such township, village, city 
or corporation shall be liable to and shall pay to the person or persons 
so injured or disabled just damages, to be recovered in an action 
of trespass on the case before any court of competent jurisdiction. 

Sec. 2. If any horse or other animal, or any cart, carriage or 
vehicle, or other property, shall receive any injury or damage by reason 
of neglect by any township, village, city or corporation to keep in re¬ 
pair any public highway, street, bridge, sidewalk, cross-walk or culvert, 
the township, village, city or corporation whose duty it is to keep such 
public highway, street, bridge,* sidewalk, cross-walk or culvert in repair 
shall be liable to and shall pay the owner thereof just damages, which 
may be recovered in an action of trespass on the case before any court 
of competent jurisdiction: Provided, That in all actions brought under 
this act it must be shown that such township, village or city has had 
reasonable time and opportunity after knowledge by or notice to such 
township, village or city that such highways, streets, bridges, sidewalks, 
cross-walks, or culverts has become unsafe, or unfit for travel, to put 
the same in the proper condition for use, and has not used reasonable 
diligence therein after such knowledge or notice. 

Sec. 3. It is hereby made the duty of townships, villages, cities, 
or corporations to keep in reasonable repair, so that they shall be reason¬ 
ably safe and convenient for public travel, all public highways, streets, 
bridges, sidewalks, cross-walks, and culverts that are within their juris¬ 
diction, and under their care and control, and which are open to public 
travel, and when the means now provided by law are not sufficient, or 
when the electors shall not have provided sufficient funds by vote at the 
annual meeting to enable any township, village or city to keep its public 
highways, streets, bridges, sidewalks, cross-walks and culverts in reason¬ 
able repair and in a condition reasonably safe and fit for public travel 
such township, village or city is hereby authorized to levy such ad¬ 
ditional sum upon the taxable property of such township, village or 
city, not exceeding five mills on the dollar, in any one year, as will enable 
such township, village or city to keep its public highways, streets, bridges, 
sidewalks, cross-walks, and culverts . in good repair at all times. High¬ 
way commissioners, together with the township board, and all other 
officers having special charge of highways, streets, bridges, sidewalks, 
cross-walks, and culverts, and the care or repairing thereof, are hereby 
made and declared to be the officers of the township, village, city, or cor¬ 
poration wherein they are elected or appointed, and shall be subject 
to the general direction of such township, village, city or corporate 
authorities in the discharge of their several duties. 


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221 


Sec. 4. The provisions of this act shall not apply to public 
highways which have not been in use ten years: but nothing in this 
section shall be construed as exempting townships, villages and cities 
from maintaining their streets, bridges, sidewalks, cross-walks and culverts, 
and the approaches to bridges in a safe condition for public travel. 

Sec. 5. No township, village, or city in this State shall be liable 
in damages, or otherwise, to any person or persons for bodily injury, 
or for injury to any property sustained upon any of the public highways, 
streets, bridges, sidewalks, cross-walks or culverts, in such townships, 
villages or cities, except under and according to the provisions of this 
act. and the common law liability of townships, villages and cities of 
this State, for or on account of bodily injuries sustained by any person 
by reason of neglect to keep in repair public highways, streets, bridges, 

sidewalks, cross-walks or culverts, is hereby abrogated. 

v. 

CHAPTER XXIII. 

Law of the Road. 

Section 1. Whenever any persons shall meet each other on any 
bridge or road, traveling with carriages, wagons, carts, sleds, sleighs, 
or other vehicles, each person shall reasonably drive *his carriage or 
other vehicle to the right of the middle of the traveled part of such 
bridge or road, so that the respective carriages, or other vehicles afore¬ 
said may pass each other without interference. 

Sec. 2. Every person offending against the provisions of the 
preceding section, shall, for each offense, forfeit a sum not exceeding 
twenty dollars, and shall also be liable to the party injured for all 
damages sustained by reason of such offense: Provided, That pro¬ 
ceedings shall be commenced for the recovery of such forfeiture within 
three fnonths after the offense shall have been committed, and any action 
for such damages shall be commenced within one year after the cause 
of action shall have accrued. 

Sec. 3. No person owning, or having the direction or control 
of any coach, or other carriage or vehicle running or traveling upon 
any road in this State, for the conveyance of passengers, shall employ, 
or continue in employment, any person to drive such coach, carriage, 
or other vehicle, who is addicted to the use of intoxicating liquors; and 
if any such person shall violate the provisions of this section, he shall 
forfeit' at the rate of five dollars per day for all the time during which 
he shall have kept such driver in such employment. 

Sec. 4. If any driver, while actually employed in driving such 
coach, carriage, or vehicle, shall be guilty of intoxication, it shall be 
the duty of the owner or person having charge or control of such 
coach, carriage, or other vehicle, on receiving written notice of the 
fact, signed by any passenger who witnessed the same, and certified by 
him under oath, forthwith to discharge such driver from such employ- 


222 


MICHIGAN FARM LAWS. 


ment; and every person who shall retain, or have in such sendee within 

six months after the receipt of such notice, any driver who shall have 

been so intoxicated, shall forfeit at the rate of five dollars per day for 
all the time during which he shall keep any such driver in such em¬ 
ployment after receiving such notice. 

Sec. 5 . No person driving any carriage or vehicle for the con¬ 

veyance of passengers for hire upon any road or highway in this State, 
with or without passengers therein, shall run his horses, or cause or 
permit -them to run, upon any occasion, or for any purpose whatever; 
and every person who shall offend against the provisions of this sec¬ 
tion shall be deemed guilty of a misdemeanor, and on conviction thereof, 
shall be punished by a fine not exceeding one hundred dollars, or by 
imprisonment in the county jail not exceeding thirty days, or both, at 
the discretion of the court. 

Sec. 6. It shall not be lawful for the driver of any carriage 

used for the conveyance of passengers for hire, to leave the horses 
attached thereto, while any passenger remains in or upon the same, 
without making such horses fast with a sufficient halter, rope or chain, 
or without some suitable person to take the charge and guidance of 
them, so as to prevent their running, and if any driver shall violate 
the provisions of this section, he shall forfeit a sum not exceeding 
twenty dollars; but no prosecution shall be commenced therefor after 
the expiration of three months from the time of committing the offense. 

Sec. 7. The owners of every carriage running or traveling upon 
any turnpike, road or public highway, for the conveyance of passengers 
for hire, shall be liable jointly and severally, to the party injured, in 
all cases, for all injuries and damages done by any person in the em¬ 
ployment of such owners as a driver, while driving such carriage, to any 
person, or to the property of any person, whether the act occasioning 
such injury or damage be wilful, negligent or otherwise, in the same 
manner as such driver would be liable. 

CHAPTER XXIV. 

Noxious Weeds. 

Section 1. It shall be the duty of the highway commissioner and 
the overseer of highways in each road district to see that the provisions 
of this act are carried out within the limits of his road district. Any 
highway commissioner or overseer who shall refuse or neglect to per¬ 
form the duties required by this act shall be deemed guilty of a mis¬ 
demeanor and upon conviction thereof in a court of competent juris-- 
diction shall be punished by a fine of not less than ten dollars nor more 
than twenty-five dollars, together with the costs of prosecution, or by 
imprisonment in the county jail for a period not exceeding thirty days, 
or by both such fine and imprisonment in the discretion of the court. 


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223 


• Sec. 2. It shall be the duty of the overseer and commissioner of 
highways to cut or cause to be cut, prior to the first day of July in 
each year, all brush within the limits of any highway passing by or 
through such lands: Provided, however, That this section shall in no 
wise apply to young trees which have been set out or preserved by 
abutting property owners for shade or other purposes. 

Sec. 3. It shall be the duty of every owner, possessor or occupier 
of land or of every person or persons, firm or corporation having 
charge of any lands in this State to cut or cause to be cut down and 
destroyed all Canada thistles, milkweed (asclepias cornutus), wild car¬ 
rots, oxeye daisies, or other noxious weeds growing thereon, or on any 
highway passing by or through such land, at least twice in each year, 
once before the first day of July and again before the first day of Sep¬ 
tember, and as much oftener as may be necessary to prevent them 
going to seed, and if any owner, possessor or occupier of land, or any 
person or persons, firm or corporation having charge of any lands in 
this State, shall, knowingly, suffer any Canada thistles, milkweed, wild 
carrots, or other noxious weeds to grow thereon, or on any highway 
passing by or through such land, or shall suffer the seed to ripen, so as 
to cause or endanger the spread thereof, he or they shall, on conviction 
in any court of competent jurisdiction be liable to a fine of ten dollars, 
together with costs of prosecution, for every such offense and he or 
they shall pay the cost of cutting and destroying such weeds and an ad¬ 
ditional ten per centum as hereinafter provided. 

Sec. 4. It shall be the duty of the commissioner of highways in 
each road district to give general notice in the following manner to 
every owner, possessor or occupier of land and to every person or per¬ 
sons, firm or corporation having charge of any lands in this State, 
whereon noxious weeds are growing, or by or through which land a 
highway passes, to cut and destroy such noxious weeds : Four notices, 
each not less than two feet square shall be printed in clear readable type 
and posted one in each of four conspicuous places in the road district, 
and notices shall also be published in some local paper having a general 
circulation in the township. These notices shall set forth the fact that all 
noxious weeds must be cut on or before a certain date, which date shall 
be fixed by the commissioner. The posting and publishing of such 
notices shall take place at least ten days prior to the date upon which 
the weeds must be cut, * * * . 

Sec. 5. In case the owner, possessor or occupier of land or the per¬ 
son or persons, firm or corporation having charge of any land shall re¬ 
fuse or neglect to comply with such notice and to cut the weeds or brush 
on or before the date stated in such notice or within ten days thereafter, 
it shall be tre duty of the highway commissioner and overseer of high¬ 
ways, or some one whom said overseer may employ to assist in carrying 
on the work, to enter upon the land and to cause all such noxious weeds 


224 


MICHIGAN FARM LAWS. 


to be cut down with as little damage to growing crops as may be, and 
he shall not be liable to be sued in any action of trespass therefor. 

Sec. 8. It shall be the duty , of the highway commissioner and over¬ 
seer of highways to cut all noxious weeds on State lands, school land 
and so forth and all brush and noxious weeds on highways passing by 
or through the same and the cost of same shall be allowed by the 
township board and paid by the township treasurer of the township in 
which such land is located. 

Sec. 9. All railroad corporations or gravel* or plank road com¬ 
panies doing business in this State shall, each year, between the fifteenth 
day of June and the first day of July, and again between the tenth day 
of August and the first day of September, and at any time during the 
year so often as shall be sufficient to prevent Canada thistles, milkweed, 
wild carrots, ox-eye daisies, or other noxious weeds going to seed, cause 
all Canada thistles, milkweed, wild carrots or other noxious weeds 
growing upon lands occupied by them in any city, village or organized 
township in this State to be cut down or destroyed. In case any railroad 
company or gravel or plank road company shall refuse or neglect to 
comply with the requirements specified in the second section of this 
chapter, then it shall be lawful for said overseer of highways to cut 
and destroy said Canada thistles, milkweed, wild carrots or other noxious 
weeds between the first day and fifth day of July, Aiclusive and 
between the first and fifth days of September ,inclusive, in each year 
or so often as shall be sufficient to prevent said Canada thistles, milk¬ 
weed, wild carrots, or other noxious weed going to seed to endanger 
the spread thereof, at the expense of the corporation on whose lands 
said. Canada thistles, milkweed, wild carrots, or other noxious weeds 
shall be so cut, at the rate of three dollars per day for the time neces¬ 
sarily occupied in cutting and destroying, to be recovered in any court of 
competent jurisdiction in this State. 

Sec. 10. It shall be the duty of the prosecuting attorney of the 
county to prosecute all violations of the provisions of this act which shall 
come to his knowledge. 

Poles, Wires, Pipes, Conduits and Railway Tracks in Highway; 

Township Board May Grant Right to Place. 

Section 1. The township board of any township may grant to any 
person, partnership, association or corporation the right to use the high¬ 
ways, streets, alleys, and other public places of the township to set poles, 
string wires, lay pipes or conduits or to lay tracks for railways and to 
operate and maintain the same and the right to transact a local business 
in such township, subject to such reasonable regulations as said board 
shall prescribe from time to time. [Public Act No. 226, approved June 
2, 1909.] 


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225 


XXV. Michigan Motor Vehicle Law. 

JFrom Public Act No. 318 approved June 2, 1909. This law will go into effect Janu 

ary 1, 1910.] 

Section 1 . Definitions. — The term “motor vehicle’’ as used in 
this act, except where otherwise expressly provided, shall include all 
vehicles propelled by any power other than muscular power, except motor 
cycles operated by policemen or firemen on official business, traction en¬ 
gines, road rollers, fire wagons, fire engines, police patrol wagons, am¬ 
bulances and such vehicles as run only upon rails and tracks.^ The term 
“chauffeur” shall mean any person operating a motor vehicle for hire, 
or as the employe of the owner thereof. The term “state” as used in 
this act, except where otherwise expressly provided, shall also include 
the territories and the federal districts of the United States. The term 
“owner” shall also include any person, firm, association or corporation 
renting a motor vehicle or having the exclusive use thereof, under a 
lease or otherwise, for a period greater than thirty days. The term 
“public highway” shall include any highway, county road, state road, 
public street, avenue, alley, park, parkway or public place in any county, 
city, town or village, except any speedway which may have been or may 
be expressly set apart by law for the exclusive use of horses and light 
carriages. 

Note: Sections 2, 3, 4 and 5 provide that all motor vehicles shall be registered', 
and numbered by the Secretary of State. The necessary blanks with all instruc¬ 
tions can be obtained from that officer. We therefore omit these four sections 
and pass immediately to that part of the law which regulates the use of the high¬ 
way by motor vehicles. 

Sec. 6. Subdivision 1. Brakes, horns, lamps, et cetera. —Every 
motor" vehicle, operated and driven upon the public highways of this 
state, shall be provided with adequate brakes sufficient to control the 
vehicle at all times, and a suitable and adequate bell, horn or other 
device for signalling, and shall, during the period from one hour after 
sunset to one hour before sunrise, display at least two lighted lamps 
on the front and one on the rear of such vehicle, which shall also dis¬ 
play a red light visible from the rear. The white rays of such rear 
lamp shall shine upon the number plate carried on the rear of such 
vehicle. The light of the front lamps shall be visible at least two 
hundred feet in the direction in which the motor vehicle is proceeding: 
Provided, That motor bicycles or motor cycles shall be required to 
display but one lighted lamp, such lamp to be placed on the front of 
the vehicle so that it shall be visible one hundred feet in the direction 
in which the motor vehicle is proceeding. There shall be displayed on 
the face of such lamp the registration number in figures not less than one 
inch in height, and placed thereon in such manner so that when the lamp 
is lighted the number may be read at a distance of at least fifty feet. 


226 


MICHIGAN FARM LAWS. 


Sub. 2. Use of non-skidding devices. —No person shall operate 
or drive on the public highways of this state a motor vehicle on any of 
whose wheels is a tire chain or non-skidding contrivance or tire com¬ 
posed in whole or in part of metal, except when such highways are wet 
and slippery or covered with ice or snow. 

Sub. 3. Stopping on signal. —A person operating a motor vehicle 
shall, at the request or on signal by putting up the hand, from a per¬ 
son riding, leading or driving a horse or horses or other draft an¬ 
imals, bring such motor vehicle immediately to a stop, and, if traveling 
in the opposite direction, remain stationary so long as may be reason¬ 
able to allow such horse or animal to pass, and if traveling in the same 
direction, use reasonable caution in thereafter passing such horse or 
animal: Provided, That in case such horse or animal appear badly 
frightened or the person operating such motor vehicle be requested so 
to do, such person shall cause the motor of such vehicle to cease run¬ 
ning so long as shall be reasonably necessary to prevent accident and 
insure the safety of others. 

Sub. 4. Whenever a person operating a motor vehicle shall meet 
on a highway any other person riding or driving a horse or-horses or 
other draft animals or any other vehicle, and there being no occasion 
to stop as above provided, the person operating such motor vehicle shall 
seasonably turn the same to the right of the center of the traveled por¬ 
tion of the highway, while the person approaching shall likewise turn 
from the center of the traveled portion of the highway so as to pass 
the motor vehicle on' the opposite side jof the center of the highway 
to which the motor vehicle has been turned. And any person so operat¬ 
ing any motor vehicle shall, at the intersection of a public highway, keep 
to the right of the intersection of the centers of such highways when 
turning to the right and pass to the right of such intersection when 
turning to the left. 

Sub. 5. If a vehicle drawn by a horse or horses or other draft an¬ 
imals, or a motor vehicle, be overtaken by any motor vehicle, and the 
person in charge of such motor vehicle expresses a desire to pass, it 
shall be the duty of the driver of any such vehicle or motor vehicle so 
overtaken as aforesaid, to turn to the right of the center of the wrought 
or traveled portion of the highway, and give the person so making the 
request an opportunity to pass, but in passing, the person in charge of 
such motor vehicle and the other male occupants thereof over the age 
of fifteen years shall give such assistance as they are able to the occu¬ 
pant or occupants of the vehicle they are passing, if assistance is asked, 
and in thus passing the chauffeur shall use all due care to avoid acci¬ 
dents. 

Sub. 6 . Accidents. —In case of accident to person or property 
upon any public highway, due to the operation thereon of any motor 
vehicle, the person operating such motor vehicle shall stop and give 
such reasonable assistance as can be given, and shall, upon request of 


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227 


the person injured or any other person, give such person his name and 
address, and if not the owner, the name and address of the owner of 
such motor vehicle, together with the registered number thereof. 

Sec. 7. Subdivision 1. Rate of speed.—No person shall operate 
a motor vehicle upon a public highway at a rate of speed greater than 
is reasonable and proper, having regard to the traffic and use of the 
highway, or so as to endanger the life or limb of any person or the 
safety of any property; and shall not in any event while upon any high¬ 
way run at a higher rate of speed than twenty-five miles an hour, and 
within the corporate limits of all cities and villages the rate of speed 
shall not be greater than ten miles an hour in the business portion of 

any such city or village, and not greater than fifteen miles an hour in 

all other portions thereof, subject, however, to the other provisions of 
this act. Upon approaching an intersecting highway, a bridge, dam, 

sharp curve or steep descent, and also in traversing such intersecting 
highway, bridge, dam, curve or descent, a person operating a motor 

vehicle shall have it under control and operate it at such speed as is 
reasonable and proper having regard to the traffic then on such highway 
and the safety of the public. 

Sub. 2. Upon approaching a person walking in the roadway of a 
public highway, or a horse or horses, or other draft animals, being ridden, 
led or driven thereon, a person operating a motor vehicle shall slow down 
to a speed not exceeding ten miles an hour and give reasonable warning 
of its approach, and use every reasonable precaution to insure the safety 
of such person or animal, and in case of a horse or horses or other draft 
animals, to prevent frightening the same. 

Note: Sections 8 and 9 state the provisions relating to the registration of 
chauffeurs. 

Sec. 10. ' Subdivision 1. Penalties.—Any person violating any of 
the provisions of this act and who shall be convicted thereof, or who 
shall plead guilty to any complaint for the violation thereof, shall be 
punished by a fine not exceeding twenty-five dollars and costs of prose¬ 
cution; or if such fine be not paid then by imprisonment in the county 
jail for not exceeding ten days; for the second offense he shall be 
punished by a fine not exceeding fifty dollars and costs of prosecution; 
or if such fine be not paid then by imprisonment in the county jail for 
not exceeding thirty days; and for a third, or any subsequent offense, 
he shall be punished by a fine not exceeding one hundred dollars and 
costs of prosecution or by imprisonment in the county jail or the Detroit 
house of correction for a period not exceeding thirty days, or by both 
such fine and imprisonment." 

Sub. 2. Civil actions. —Nothing in this act shall be construed to 
curtail or abridge the right of any person to prosecute a civil acfion 
for damages by reason of injuries to person or property resulting from 
the negligence of the owner or operator or his agent, employe or servant, 
of any such motor vehicle, or resulting from the negligent use of the 
highway by them or any of them. 


228 


MICHIGAN FARM LAWS. 


Sub. 3. Liability of owners.—The owner of a motor vehicle' 
shall be liable for any injury occasioned by the negligent operation by any 
person of such motor vehicle, whether such negligence consists in viola¬ 
tions of the provision of a statute of this state or in the failure to ob¬ 
serve such ordinary care in such operation as the rules of the common 
law require; but such owner shall not be so liable in case such motor 
vehicle shall have been stolen. 

Sec. 11. All police justices of any city, or justices of the peace of 
the county where any such violation shall occur, shall 'have jurisdiction 
to hear, try and pass sentence for any and all violations of any of the 
provisions of this act. 

Note: Sections 12, 13, 14 and 15 relate to prosecutions, etc. 

Sec. 16. All licenses issued during the year nineteen hundred nine, 
under the provisions of act number one hundred ninety-six of the Public 
Acts of nineteen hundred five, as amended by act number three hundred 
four of the Public Acts of nineteen 'hundred seven, shall expire on 
January first, nineteen hundred ten. 

Sec. 17. Acts repealed.—Act number one hundred ninety-six of 
the Public Acts of nineteen hundred five, as amended by act number 
three hundred four of the Public Acts of nineteen hundred seven, and 
all acts or parts of acts inconsistent herewith or contrary hereto, are 
hereby expressly repealed. 

Sec. 18. Title of act and when it takes effect. —This act shall be 
known as the “Michigan Motor Vehicle Law.” and shall take effect the 
first day of January, nineteen hundred ten: Provided, That applications 
for registration may be made and registration certificates and badges is¬ 
sued at any time within sixty days prior to such date. 

Taking and Using Automobile, Etc., Without Permission; Penalty. 

[Public Act No. 33 approved April 14, 1909.] 

Section 1. Every person who takes or uses without authority an 
automobile or other motor vehicle without intent to steal the sam£, or 
who shall be a party to such unauthorized taking or using, shall upon 
conviction thereof be punished by imprisonment in the state prison for 
not, more than two years or by a fine of not more than five hundred 
dollars: Provided, That in case of first offense the court may in its 
discretion reduce the punishment to imprisonment in the county jail for 
a term Qf not more than three months or a fine of not more than one 
hundred dollars: Provided further, That the provisions of this act 
shall be construed to apply to any person'or persons employed by the 
owner of said automobile or other motor vehicle or any one else, who, by 
the nature of his employment, shall have the charge of, or the authority 
to drive said automobile or other motor vehicle if said automobile or 
other motor vehicle is driven or used without the owner’s knowledge 
or consent. 


CHAPTER 25. 

Sunday and Its Observance. 

Shops, etc., not to be kept open on first day of week, etc.: No 

person shall keep open his shop, warehouse, or workhouse, or shall do 
any manner of labor, business, or work, or be present at any dancing - , 
or at any public diversion, show, or entertainment, or take part in any 
sport, game, or play on the first day of the week. The foregoing pro¬ 
visions shall not apply to works of necessity and charity, nor to the 
making of mutual promises of marriage, nor to the solemnization of 
marriages. And every person so offending shall be punished by fine not 
exceeding ten dollars for each offence. [5912.] 

NOTE — In passing upon the force and effect of the foregoing statute the Supreme 
Court of Michigan has held that contracts made on Sunday are void, and that such 
a contract being utterly void cannot be ratified on a week day, and either party may, 
on a subsequent day, tender back what he lias received and reclaim his property; and 
that a contract can not be rescinded on Sunday, since that is as much a matter of 
business as the making of it; likewise a promissory note made on Sunday is void, 

but a note, having been made on Sunday and dated on a week day will be enforced 

in the hands of an innocent purchaser. A deed made on a week day and, by 

mistake, dated on Sunday was held good. Traveling on Sunday for any lawful pur¬ 

pose is upheld; likewise all works of charity including subscriptions taken on Sunday 
for church purposes. 

Keepers of public houses not to entertain, except travelers, etc., 
on first day of week: No tavern keeper, retailer of spirituous liq¬ 
uors or other person keeping a house of public entertainment, shall enter¬ 
tain any persons, not being travelers, strangers or lodgers in his house, 
on the said first day of the week, or shall suffer any such persons on 
said day to abide or remain in his house, or in the buildings, yards, or 
orchards or fields appertaining to the same, drinking, or spending their 
time idly, or at play, or in doing any secular business. [5913.] 

Penalty for violations: Every person offending against any of 
the provisions of the last preceding section, shall be punished by a fine 
not exceeding five dollars for each person so entertained, or suffered 
so to abide or remain; and upon any conviction after the first, such 
offender shall be punished by a fine not exceeding ten dollars; and 
if convicted three times, he shall be afterwards incapable of holding a 
license; and every person so abiding or drinking shall be punished by 
a fine not exceeding five dollars. [5914.] 

Public diversions, etc.: No person shall be present at any game, 
sport, play, or public diversion, or resort to any public assembly, except¬ 
ing meetings for religious worship or moral instruction, or concerts of 
sacred music, upon the evening of the said first day of the week; 

229 


230 


MICHIGAN FARM LAWS. 


and every person so offending shall be punished by a fine not exceeding 
five dollars for each offence. [5915.] 

Between what hours civil proceedings not to be executed: No 
person shall serve or execute any civil process from midnight preceding, 
to midnight following the said first day of the week; but such service 
shall be void, and the person serving or executing such process, shall be 
liable in damages to the party aggrieved, in like manner as if he had 
not had any such process. [5916.] 

Disturbance of religious meetings: If any person shall, on the 
said first day of the week, by rude and indecent behavior, or in any 
other way, intentionally interrupt or disturb any assembly of people met 
for the purpose of worshiping God, he shall be punished by a fine not 
less than two, nor more than fifty dollars, or by imprisonment in the 
county jail not exceeding thirty days. [5917.] 

Persons observing seventh day of week, not liable, etc.: No 
person who conscientiously believes that the seventh day of the week 
ought to be observed as the sabbath, and actually refrains from secular 
business and labor on that day, shall be liable to the penalties provided 
in this chapter, for performing secular business or labor on the said 
first day of the week, provided he disturb no other person. [5918.] 

Time included in first day of the week: For the purposes of the 
provisions of this chapter, the said first day of the week shall be under¬ 
stood to include all the time between the midnight preceding and the 
midnight following the said day; and no prosecution for any fine or 
penalty incurred under any of the preceding provisions of this chapter, 
shall be commenced after the expiration of three months from the time 
when the offence shall have been committed. [5919.] 

When shops to be closed; exceptions: It shall be unlawful for 
any person or persons to carry on or engage in the art or calling of 
hair cutting, shaving, hair dressing and shampooing, or in any work 
pertaining to the trade or business of a barber, on the first day of the 
week, commonly called Sunday, except such person or persons shall 
be employed to exercise such art or calling in relation to a deceased 
person on said day. [5920.] 

Same subject: That it shall be unlawful for any such person or 
persons to keep open their shops or places of business aforesaid, on said 
first day of the week commonly called Sunday, for any of the pur¬ 
poses mentioned in section one of this act: Provided, however, That 
nothing in this act shall apply to persons who conscientiously believe 
the seventh day of the week should be observed as the sabbath and 
who actually refrain, from secular business on that day. [5921.) 

Penalty: Every person offending against the provisions of this 
act, shall, upon conviction thereof, be punished by a fine not less than 
ten dollars nor more than twenty-five dollars for each offense or by 
imprisonment in the county jail for not more than thirty days, or by 
both such fine and imprisonment in the discretion of the court. [5922.] 


CHAPTER 26 . 

Taxation. 

I. Property subject to taxation. 

II. Taxation of real property. 

III. What real property exempt from taxation. 

IV. Taxation of personal property. 

V. What personal property exempt from taxation. 

VI. Assessment of property for taxation. 

VII. Taxes a lien. 

VIII. Collection of taxes. 

IX. Payment of taxes; manner; rights of lien holder; of tenant; evidence. 

I. Property Subject to Taxation. 

Property subject to taxation: All property, real and personal, 
within the jurisdiction of this state, not expressly exempted, shall be 
subject to taxation. [3824.] 

II. Taxation of Real Property. 

Real property defined: For the purpose of taxation, real prop¬ 
erty shall include all lands within the state, and all buildings and fixtures 
thereon, and appurtenances thereto, except such as are expressly exempted 
by law. [3835.] 

Where real property shall be assessed: Real property shall be 
assessed in the township or place where situated, to the owner if known, 
and also to the occupant, if any; if the owner be not known, and there 
be an occupant, then to such occupant, and either or both shall be liable 
for the taxes on said property, and if there be no- owner or occupant 
known, then as unknown. A trustee, guardian, executor, administrator, 
assignee or agent, having control or possession of real property, may be 
treated as*the owner. The real property which belonged to a person de¬ 
ceased, not being in control of an executor or administrator, may be 
assessed to his heirs or devisees jointly, without naming them, until they 
shall have given notice of their respective names to the supervisor, and 
of the division of the estate. 

Taxation of homestead and part paid state lands: All licensed 
homestead lands, the fee of which is in the state, when the license is 
entitled to make final proof to obtain a patent for the same, shall be 
assessed and treated as real property. The interest in land of any person 
holding part-paid certificates for the purchase of any state lands shall be 
assessed separate from other property. The assessment shall describe the 
land and shall state therein that the title is in the state. The taxes, if 
not paid to the township treasurer, shall be returned and collected as 
hereinafter provided. [3827.] 

Corporation realty; how assessed: The real property of a cor¬ 
poration shall be assessed to the name of the corporation as to an indi¬ 
vidual, if known, in the township or place where situated, or it may be 

r 31 


232 


MICHIGAN FARM LAWS. 


assessed to the occupant or to any authorized agent if so requested of 
the supervisor. [3828.] 

Undivided interests; how assessed: Undivided interests in lands 
owned by tenants in common, not being co-partners, may be assessed to 
the owners thereof, if so requested, and in the discretion of the super¬ 
visor. [3829.] 

III. What Real Property Exempt From Taxation. 

Exemption of real property from taxation: The following real 
property shall be exempt from taxation: 

1. All public property belonging to the United States; 

2. All public property belonging to the state of Michigan, except 
licensed homstead lands, part paid lands held under certificates, and 
lands purchased at tax sales, and still held by the state; 

3. Lands owned by any county, township, city, village or school dis¬ 
trict and buildings thereon, used for public purposes; 

4. Such real estate as shall be owned and occupied by library, benev 
olent, charitable, educational and scientific institutions incorporated unde 
the laws of this state, with the buildings and other property thereon, 
while occupied by them solely for the purposes for which they were 
incorporated: Provided, That such exemption shall not apply to frater¬ 
nal or secret societies, but all charitable homes of such societies shall be 
exempt; 

5. All houses of public worship, with the land on which they stand, 
the furniture therein and all rights in. the pews, and also any parsonage 

. owned by any religious society of this state and occupied as such; 

6. All lands used exclusively as burying grounds, and the rights of 
burial therein, and the tombs and monuments therein, while regerved and 
in use for that purpose: Provided, That the stock of any corporation 
owning such burial grounds shall not be exempt; 

7. The real and personal property of persons who, in the opinion of 
the supervisor and board of reyiew, by reason of poverty, are unable to 
contribute toward the public charges; 

8. The real property of corporations exempt under the laws of this 
state, by reason of paying specific taxes in lieu of all other taxes for the 
support of the state: Provided, The track, right of way, depot grounds 
and buildings, machine shops, rolling stock, and all other property neces¬ 
sarily used in operating any railroad in this state belonging to any rail¬ 
road company, shall henceforth remain exempt from taxation for'any 
purpose, except that the same shall be subject to special assessments for 
local improvements in cities and villages, and all lands owned or claimed 
by any such railroad company not adjoining the track of such company, 
shall be subject to all taxes; 

9. Property owned exclusively by the state agricultural society, or 
any county or district agricultural society, and used by any such society 
exclusively for fair purposes; 


TAXATION. 


233 


10. All land dedicated to the public and actually used as a park, 
and any monument ground or any armory belonging to any military 
organization, and not used for gain or any other purposes. 

11. All real estate used as a homestead not exceeding in value one 

thousand two hundred dollars of any soldier or sailor of the federal 
government who served three months or more during the civil war, 
and in all real estate used as a homestead not exceeding in value one 
thousand two hundred dollars of any widow of such soldier or sailor 
* * * [3830 as amended by Public Act No. 309, approved June 2, 

1909.] 


IV. Taxation of Personal Property. 

Personal property defined: For the purposes of taxation, per¬ 
sonal property shall include: 

1. All moneys ; 

2. All annuities and royalties; 

3. All goods, chattels and effects within the state; 

4. All ships, boats and vessels and their appurtenances belonging 
to inhabitants of this state, whether at home or abroad; 

5. All goods, chattels and effects belonging to inhabitants of this state, 
situate without this state, except that property actually and permanently 
invested in business in another state shall not be included; 

6. All credits of every kind belonging to inhabitants of this state, 
over and above the amounts respectively owned by them whether such 
indebtedeness is due from individuals or from corporations, public or 
private, and whether such debtors reside within or without the state; 

7. All shares in corporations organized under the laws of this state, 
when the property of such corporations is not exempt, or is not taxable 
to itself; or when the personal property is not taxed; 

8. All shares in banks organized within this state, under the laws of 
this state or of the United States, at their cash value, after deducting 
the assessed value of real property owned by and assessed to such banks; 

9. All shares in foreign corporations, except national banks, owned 
by citizens of this state; 

10. All interests owned by individuals in lands, the fee of which is 
in this state or the United States, except as herein otherwise provided; 

11. All buildings and improvements situate upon leased lands, except 
where the value of the real property is also assessed to the lessee or 
owner of such buildings and improvements; 

12. Tombs or vaults built within any burial grounds, and kept for 
hire or rent, in whole or in part, and the stock of any corporation or 
association owning any such tombs, vaults or burial grounds; 

13. All other personal property not herein enumerated, and not 
especially exempted by law; 

14. All nursery stock and trees, while growing on any land or in 
preparation for replanting or in transit; 


234 


MICHIGAN FARM LAWS. 


15. All produce, seeds and grain on hand, stored in warehouse or mill, 
and in transit, owned within this state; 

16. The personal property of all gas and coke companies, natural 
gas companies, electric light companies, water-works companies and hy¬ 
draulic companies, to be assessed in the township, village or city where the 
prinicpal works are located. The mains, pipes and wires of such companies 
laid in or along roads, lanes, streets or alleys shall be assessed as personal 
property in the township, village, or city where the same are laid or placed. 
The personal property of street railroad, plank road, cable or electric rail¬ 
road or transportation companies, bridge companies, and all other com¬ 
panies not required to pay a specific tax to the state in lieu of all other 
taxes, shall be assessed in the township, village or city where its principal 
business office is situated, and the track, road or bridge of any such com¬ 
pany shall be held to be personal property and may be assessed in the 
township, village, or city where the same is located, used or laid. [3831.] 

V. What Personal Property Exempt from Taxation. 

Exemption of personal property from taxation: The following 

personal property shall be exempted from taxation, to-wit: 

First, The personal property of benevolent, charitable, educational 
and scientific institutions, incorporated under the laws of this state: 
Provided, That such exemptions shall not apply to secret or fraternal 
societies, but the personal property of all charitable homes of such societies 
shall be exempt; 

Second, Of all library associations, circulating libraries, libraries of 
reference, and reading rooms owned or supported by the public, and not 
used for gain; 

Third, Of all posts of the grand army of the republic, sons of veter¬ 
ans, unions, and of the women’s relief corps connected therewith, of all 
young men’s Christian associations, and of women’s Christian temperance 
union associations, young people’s Christian unions, and other similar 
associations; 

Fourth, Pensions receivable from the United States; 

Fifth, So much of the debts due or to become due as shall equal the 
amount of bona fide and unconditional debts by the person^ owing; 

Sixth, The property of Indians who are not citizens; 

Seventh, The library, family pictures, school books, one sewing ma¬ 
chine used ard owned by each individual or family, and wearing apparel 
of every individual; 

Eighth, Household furniture, provisions and fuel to the value of five 
hundred dollars to each household: Provided No person paying board 
shall be deemed a householder; 

Ninth, The working tools of any mechanic not to exceed in value the 
sum of one hundred dollars; 

Tenth, Of all fire engines and other implements used in extinguishing 
fires, owned or used by any organized or independent fire.company; 


TAXATION. 


235 


Eleventh, All mules, horses and cattle not over one yeai old, all 
sheep and swine not over six months old, and all domesticated birds ; 

Twelfth, Personal property owned and used by any householder, in 
connection with his business of the value of two hundred dollars. [3837.] 

VI: Assessment of Property for Taxation. 

Annual assessment: An assessment of all the property in the 
state, liable to taxation, shall be made annually in the "several townships, 
villages and cities thereof by the supervisors of the several townships and 
wards, or in villages and cities where provision is made in the acts of 
incorporation or charter for some other assessing officer, then by such 
assessing officer as hereinafter provided. [3833.] 

Property of corporation : All corporate property, except where 
some other provision is made by law, shall be assessed to the corporation 
as to a natural person in the name of the corporation. The place where 
its office is located in its articles of incorporation shall be deemed its 
residence: Provided, Its business is actually transacted at such office; 
but if it shall establish its principal office in any other place than the place 
named in its article^ of incorporation, then the place where it transacts 
its principal business shall be deemed its residence for all the purposes 
of this act. If there be no principal office in this state, then at the place 
in this state where such corporation or agent transacts business: Pro¬ 
vided further, That all the personal property of all corporations heretofore 
or hereafter organized under the laws of this state for .the purpose of 
engaging in maritime commerce or navigation shall be assessed only in 
the city, village or township which is stated in their original articles of 
association or in any amendment thereof heretofore or hereafter made, 
to be the location of their general office for business. The property of 
corporations paying specific taxes shall be exempt, as to the property, 
covered by such taxation, except when otherwise provided by law. All 
other property of such corporation shall be taxed under this act. In 
computing the taxable property of insurance companies organized under 
the laws of this state, the value of the real property on which a company 
pays taxes shall be deducted from its net assets above liabilities, as deter¬ 
mined and shown by the last report of the commissioner of insurance, 
and the remainder shall be the amount of personal property for which 
the company shall be assessed. [3834.] 

Copartnership property: For the purpose of assessing property 
and collecting taxes, a copartnership shall be treated as an individual, and 
whenever the name of the owner or occupant of property is required 
to be entered. upon the assessment roll if such property is owned or 
occupied by a copartnership, the firm name shall be used. A copartner¬ 
ship shall be deemed to reside in the township where its business is 
principally Carried on. Each partner shall be liable for the whole tax. 
[3835.] 

Personal property; where to be assessed: All personal property, 


236 


MICHIGAN FARM LAWS. 


except as hereinafter provided, shall.be assessed to the owner in the town¬ 
ship in which he is an inhabitant, on the second Monday of April, of the 
year for which the assessment is made. [3836.] 

Exceptions to the foregoing: The excepted cases referred to in 
the preceding section are as follows, viz.: 

1. All goods and chattels situate in some township other than where 
the owner resides shall be assessed in the township where situate, and not 
elsewhere, if the owner or person having control thereof hires or occu¬ 
pies a store, mill, dock-yard, piling ground, place for sale of property, 
shop, office, mine, farm place of storage, manufactory or warehouse 
therein, for use in connection with such goods and chattels: Provided, 
That the procuring any such property to be manufactured upon contract 
shall be deemed the hiring a mill or manufactory within the meaning of 
this section; 

2. All animals kept throughout the year in some township other 
than where the owner resides shall be assessed to such owner, or the 
person in possession, in the township where kept; 

3. All shares in banks shall be assessed to their owners in the town¬ 
ship, village or city where the bank is located: Provided, That the shares 
owned by a person residing in the county where the bank is located shall 
be assessed in the township or city where he resides; 

4. The personal property of minors under guardianship shall be 
assessed to the guardian in the township where he resides, and the personal 
property of every other person under guardianship shall be assessed to 
the guardian in the township where the ward resides; 

5. The personal property belonging to the estates of deceased persons, 
in the hands of executors or administrators, shall be assessed to them in 
the township and in the school district where the deceased last dwelt, until 
they shall give notice that the estate has been distributed to the parties 
interested. If such deceased was a non-resident of the state such 
property shall be assessed in the township where stiuated, to such execu¬ 
tors or administrators, or to the person in possession ; 

6. Personal property under the control of a trustee or agent whether 
a corporation or a natural person, may be assessed to such trustee or agent 
in the township where he resides, except as otherwise provided. Personal 
property mortgaged or pledged shall be deemed the property of the person 
in possession thereof, and may be assessed to him; 

7. All personal property of any person situate upon, also all build¬ 
ings situate and being upon the lands of the United States, or of this 
state, shall be deemed personal property for the purposes of taxation 
and assessment, and shall be assessed as personal property, to the owner 
or occupant thereof, in the city, village or township in which such lands 
are situated, and such buildings shall be subject to sale for taxes in the 
same manner as herein provided for the sale of personal property: Pro¬ 
vided, however, It shall not be necessary to remove any such buildings 
for the purpose of sale; 


TAXATION. 


237 


8. Personal property of non-residents of the state, and all forest 
products owned by residents or non-residents, or estates of deceased 
persons, shall be assessed in the township or ward where the same may 
be to the person having control of the premises, store, mill, dock, yard, 
piling ground, place of storage, or warehouse where such property is 
situated in such township, on the second Monday of April of the year 
when the assessment is made, except that where such property is in transit 
to some place within the state, it shall be assessed in such place. [3837.] 

Logs, etc., in transit; proviso: All forest products in transit 
on the second Monday in April in each year and thereafter found in the 
waters or streams of this state or on the banks or shores of any lake, 
pond or stream of this state, when the same is not at the place 
where it is to be manufactured, shall be held to have a place of destina¬ 
tion at the sorting grounds of the rafting and driving agents or booming 
company nearest the mouth of the stream, unless the contrary shall be 
made to appear by the owner or party having the same in charge: Pro¬ 
vided, That all lumber, logs, timber, lath, pickets, shingles posts, cord- 
wood, tanbark, telegraph or telephone poles, or railroad ties, that may be 
piled or left in any yard, Tailroad reserve, or in any shed, shall not be 
deemed in transit, but it shall be assessed to the person or corporation 
having control of the yard, railroad reserve, shed or place of storage 
where the same may be situated at the time provided by law for taking 
such assessment. [3838.] 

Supervisor to view logs, etc.; location of personal property: It 

shall be the duty of the supervisor of the township in which any such 
saw lo^s, timber, railroad ties, telegraph poles or ta'nbark, cut prior to 
the time of taking the annual assessment, may be banked or piled, or 
that may be in transit, to ascertain the amount of such property which may 
be or may have been in his township or assessment district at any time 
during the month of April. in each year, liable to assessment, by actual 
view of the same, as far as practicable, and to fix the v value of such 
property, and to assess the same to the owner thereof as herein provided. 
[3839.] 

Location of personal property: No change of location or sale of 
any personal property, after the first day of May in any one year shall 
affect the assessment made in such year. As between school districts 
and road districts the location of personal property for taxation shall 
be determined by the same rules as between assessment districts: Pro¬ 
vided, That whenever the owner or occupant shall reside upon contig¬ 
uous tracts or parcels of land which lie in two or more assessment dis¬ 
tricts, then the personal property of such owner or occupant shall be 
assessed in the assessment district where such owner or occupant resides 
at the time the assessment is made. [3840.] 

Duties of assessor; may require sworn statement: It shall be 
the duty of each supervisor or other assessing officer as soon as possible 
after entering upon the duties of his office, or as may be directed and 


238 


MICHIGAN FARM LAWS. 


required by the provisions of any acts of incorporation of any city or vil¬ 
lage making special provision for such assessment, to ascertain the tax¬ 
able property of his assessing district, and the persons to whom it should 
be assessed, and their residences. For this purpose he may require every 
person of full age and sound mind, who the supervisor or assessor believes 
has property which is not exempt from taxation to make and subscribe 
to a true and correct written statement under oath, administered by such 
supervisor or assessing. officer, or other officer qualified to administer 
oaths under the laws of this state, of all the taxable property of such 
person, firm or corporation, whether owned by him or not, or held for the 
use of another, and it shall be the duty of every such person, firm or 
corporation, to make such statement under oath, duly administered by 
the supervisor or assessing officer: Provided, That any person having 
no property which is not exempt, if required to take an oath by the super¬ 
visor or assessor, may take oath to the fact. [3841.] 

Assessors' blanks; sworn statement of property required: In 
taking such assessment the supervisor or assessor sail use blank forms as 
may be necessary. ***** Every owner of propery liable to taxation 
under the provisions of this act being of full age and sound mind, who 
is a resident of this state, shall make out and deliver to the supervisor 
or assessor on demand, a sworn statement of all the property owned or 
held by him, as follows: 

Real property: An accurate description of each parcel of land, 
with the number of acres contained therein. 

Personal property; credits; indebtedness: 1. All annuities and 
royalties; 

2. AH credits of every kind owing to such person, whether such 
indebtedness is due from individuals or from corporations, public or 
private, and whether debtors reside within or without this state, includ¬ 
ing all deposits in banks or with other corporations or individuals; to¬ 
gether with a statement of any part thereof that is secured by real es¬ 
tate mortgage on lands situated in some other state; 

3. All bona fide indebtedness, owing by such person, giving an item- * 
ized statement in detail, how secured, and to whom owing, and the 
residence of such creditors and the amount due each, provided lie desires 
to have the same deducted from his credits. 

Personal property; chattels: i. All shares in banks organized in 
this state under any law of this state or of ttie United States, and their 
cash value after deducting the value of the real estate taxed to banks; 

2. All shares in foreign corporations, except national banks and 
their"cash value; 

3. All shares in other corporations organized under the laws of this 
state when the property of such corporation is not exempt, or is not tax¬ 
able to itself, and their cash value; 

4. All moneys; 


TAXATION. 


239 


5. The value of all gold and silver plate, watches, diamonds and 

jewelry; , 

6. The value of all household furniture, over and above exemptions; 

7. The number and value of all billiard tables and other personal 
property used in connection therewith, and all other similar property 
owned or in possession by him; 

8. All patent rights and their value; 

9. The number and kinds of domestic animals not exempt, and their 
value; 

10. All carriages and other vehicles, and sleighs kept for pleasure 
or hire, and their value; 

11. All mechanical and agricultural implements and tools, and their 
value; 

12. All machinery not affixed to real property, and its value; 

13. All ships, boats and vessels, whether at home or abroad, and their 
value ; 

14. All merchandise and stock in trade including grain in elevators, 
and its value; 

15. All logs, timber, posts and ties, and their walue, where‘the same 
is situate on the second Monday in April, as near as may be, and the 
distinctive marks thereon, if any, and place of destination in this state; 

16. All other goods, chattels and personal property not heretofore 
specifically mentioned, and their value, except property specifically exempt 
from taxation; 

17. All goods and chattels which are exempt from taxation; 

18. All moneys or other personal property held as assignee, attor¬ 
ney, executor, guardian or agent, liable to taxation under the laws of 
this state; 

19. The number of dogs of all kinds over six months old; 

20. The value of all elevators, warehouses and improvements on 
lands the title to which is vested in any railroad corporation, and the 
value of the contents. [3842.] 

Imperfect statements not to be accepted: The supervisor or 
assessor shall not accept any of the statements herein above required as 
final or sufficient when such statement is not properly subscribed and sworn 
to, but shall preserve the same as in other cases, and such statement 
may be used in making the assessment and as evidence in any proceeding 
which may arise respecting the making of the assessment of the party 
furnishing such statement. [3843.] 

Willful neglect to make statement, etc.; penalty: In every case 
when any person or member o$ any firm or officer of any corporation 
shall wilfully neglect or refuse to make out and deliver a true and correct 
sworn statement, under oath, administered by the supervisor or other 
assessing officer or members of the Board of State Tax Commissioners 
herein provided for or other officers or shall answer falsely or refuse to 
answer questions concerning his property or property under his control, 


240 


MICHIGAN FARM LAWS. 


as required by this act, such person shall be deemed guilty of a misde¬ 
meanor, and upon conviction fhereof shall be punished by imprisonment 
in the county jail not less than thirty days nor mdre than six months, or 
by fine not less than one hundred dollars nor more than one thousand 
dollars, or by both such fine and imprisonment in the discretion of the 
court. And it shall be the duty of the supervisor, assessing officer, and 
each member of the Board of- State Tax Commissioners whenever he 
is satisfied that any person liable to make such assessing statement is 
justly liable to such penalty, to report the case to the prosecuting attor¬ 
ney of the county and make proper complaint for such prosecution. [3844.] 
Testimony: If the supervisor or assessing officer or a member of 
th» Board of State Tax Commissioners shall be satisfied that any state¬ 
ment so made is incorrect, or if, by reason of absence or other cause, said 
sworn statement cannot be obtained from the person or corporation whose 
property is so assessed, said supervisor assessing officer or any member 
of the Board of State Tax Commissioners is hereby authorized and re¬ 
quired to examine, on oath, to be administered by any of them any other 
person or persons whom he may have reason to believe, and does believe 
has knowledge of the amount or value of any property owned, held or 
controlled by such person so neglecting or refusing or omitting to be 
examined or to furnish such statement, and such supervisor or assessing 
officer is hereby authorized to set down and assess to such person, firm 
or corporation so entitled to be assessed, such amount of real and per¬ 
sonal property as he may deem reasonable and just. [3845.] 

Statements presented to board of review; final disposition; un¬ 
lawful use of statement: All the statements herein required to be 
made and received by the supervisor or assessor shall be filed by him,, 
and shall be presented to the board of review hereinafter provided for, 
or provided for in any act incorporating any town, village or city, for 
the use of said board, and after the assessment is reviewed and com¬ 
pleted by such board of review, all of the statements shall be deposited 
in the office of the township or city clerk, as the case may be, and 
shill be preserved until after the next assessment is made and completed 
after which they may be destroyed upon the order of the township board 
or city or village council, but no such statement shall be used for any 
other purpose except the making of an assessment for taxes as herein 
provided, or for enforcing the provisions of this act, and any officer or 
person who shall make or allow to be made, willfully or knowingly, any 
other or unlawful use of any such statement, shall be liable to the person 
making such statement for all damages resulting from such unauthor¬ 
ized or unlawful use of such statement. [384(5.] 

Assessment roll; how made: On or before the third Monday of 
May in each year, the supervisor or assessor shall make and complete an 
assessment roll, upon which he shall set down the name of every person 
liable to be taxed in his township or assessment district, with a fall 
description of all the real property therein liable to be taxed. If the 


TAXATION. 


241 


name of the owner or occupant of any such tract or parcel of real propeity 
is known, he shall enter the name of such owner or occupant as in this 
act provided opposite to the description thereof; in all other cases the 
real property described upon such roll shall be assessed as owner un¬ 
known. Each description shall show as near as may be the number of 
acres contained in it, as determined by the supervisor. It shall not be 
necessary for the assessment roll to specify the quantity of land com¬ 
prised in any town, city or village lot. The supervisor shall estimate, 
according to his best information and judgment, the true cash value of 
every parcel of real property and set the same down opposite such 
parcel. He shall also estimate the true cash value of all personal property 
of each person, and set the same down opposite the name of such per¬ 
son. In determining the property to be assessed and estimating such 
value, he shall not be bound to follow the statements of any person but 
shall exercise his best judgment. Property assessed -to one other than 
the owner shall be assessed separate from his property and shall show 
in what capacity it is assessed to him whether as agent, guardian or other¬ 
wise. Two or more persons not being copartners, owning personal 
property in common may each be assessed severally for his portion thereof. 
Undivided interests in lands owned by tenants in -common, or joint 
tenants not being copartners, may be assessed to the owners thereof. 
[3847.] 

Description of real property: The description of real property 

may be as follows, viz.: 

1. If the land to be assessed be an entire section, it may be de¬ 
scribed by the number of the section, township and range; 

'2. If the tract be the subdivision of a section authorized by the 
United States for the sale of public lands, it may be described by the 
designation of such subdivision, with the number of the section, town¬ 
ship and range; 

3. If the tract be less or other than such subdivision, it may be de¬ 
scribed as a distinct part of such subdivision, or by designation of the lot 
or other lands by .which it is bounded, or in some way by which.it may 
distinctly be known; 

4. In case of land platted or laid out as a town, city or village, or 
as an addition to a town, city or village the same may be described by 
reference to such plat and by the number of the lots and blocks thereof, 
whether such plat be recorded or not; 

5. When two or more parcels of land adjoin and are used and occu¬ 
pied together, they may be assessed by one valuation; 

6. Lands may be designated by any description by which they may be 
known; 

7. It shall be sufficient to describe the real property assessed upon any 
roll and in all other proceedings under this act, in the manner heretofore 
in use by initials, letters, abbreviations and figures. [3848.] 

Description of personal property; dogs: The description of 

16 m P I, 


242 


MICHIGAN FARM LAWS. 


personal property on said roll may be made by using the word “personal,” 
except invcases heretofore mentioned, or in the assessing of any dog tax 
authorized by law, in which case the kind of property assessed shall be 
properly designated upon the roll. [3849.] 

“Cash value” defined; location and appurtenances to be consid¬ 
ered: The words “cash value,” whenever used in this act, shall be 
held to mean the usual selling price at the place where the property to 
which the term is applied shall be at the time of the assessment, being the 
price which could be obtained therefor at private sale, and not at forced 
or auction sale. In determining the value the assessor shall also con¬ 
sider the advantages and disadvantages of location, quality of soil, quantity • 
and value of standing timber, water power and privileges, mines, minerals, 
quarries or other valuable deposits known to be available therein and 
their value. [3850.] 

VII. Taxes a Lien. 

Taxes and charges a lien after Dec. i; precedence of tax lien: 

The taxes thus assessed shall become at once a debt to the township, 
ward or city from the" persons to whom they are assessed, and the 
amounts assessed on any interest in real property shall, on the first day 
in December, become a lien upon such real property, and the lien for 
such amounts, and for all interest and charges thereon, shall continue 
until payment thereof. And all personal taxes shall also be a lien on all 
personal property of such persons so assessed from and after the first 
'day of December in each year, and shall take precedence of any sale, 
•assignment or chattel mortgage, levy or other lien, on such personal prop¬ 
erty, executed or made after said first day of December, except where 
such property is actually sold in the regular course of trade. [3863.] 

VIII. Collection of Taxes. 

Township treasurer to collect taxes; when tenant liable: On 

receiving such tax roll, the township treasurer or other collector shall 
proceed to collect such taxes. The township treasurer shall remain in 
his office at some convenient place in his township, village or city on 
every Friday in the month of December thereafter, from nine o’clock 
a. m. to five o’clock p. m., to receive taxes: Provided, however, That 
he shall receive taxes upon any week day when they may be offered, 
and on all sums voluntarily paid before the tenth day of January of the 
succeeding year, he shall add one per cent, for collection fees, and upon 
all taxes paid on or after said tenth day of January he shall add four 
per cent. In case he may be apprehensive of the loss of any personal 
tax assessed upon his roll, he may proceed to enforce its collection at 
any time, and if compelled to seize property or bring suit in December, 
may add four per cent, for collection fees, and when taxes are assessed 
on property occupied by tenant or tenants paying rental therefor, and he 


TAXATION. 


243 


is assessed as occupant of said premises, the said tenant or tenants shall 
be liable for the taxes assessed on said property after the time said tax 
roll is delivered to the township treasurer or other collecting officer for 
the year, but not for more of the same than the amount of the rental 
may be while said tax roll is in his hands and which becomes due to the 
owner during such period, and may be collected in the same manner as 
provided for collecting the same from persons owning, and occupying 
their own property; and said collecting officer shall notify all such persons 
occupying rented property, or so far as he may know of the same, as soon 
as the tax roll is delivered to him, by wrkten notice, and shall note said 
notice and the date thereof against the description of said property on 
the roll. 

Collection to be before March i: All taxes shall be collected 
by the several township and city treasurers or collectors, before the first 
day of March, in each year. [3868.] 

' Personal demand after Jan. io; how made by mail: For the 
purpose of collecting the taxes remaining unpaid on . the tenth day of 
January, the said treasurer shall, thereafter during that month, call 
personally upon each person liable to pay such taxes, if a resident of 
such township, or at his usual place of residence or business therein, and 
demand payment of the taxes charged against him. If such person 
is not a resident of the township, but resides within the county, or an 
adjoining county, and his residence is known to the treasurer, he shall 
make such demand either personally or by mail. In cases of companies 
or corporations demand may be made at the principal or other office of 
such company or corporation, or by mail directed to such corporation or 
company, or its principal officer at its usual place of business. In cities 
where some special provision is made for demand or collection of taxes, 
the collector or treasurer shall comply with such special provision, other¬ 
wise be bound by the provisions of this act. If demand is sent by mail, 
the amount of the tax shall be stated and the place and time where 
and when it may be paid. He shall give a receipt for every tax paid, 
and shall enter in ink the fact of payment, and the date thereof upon 
his tax roll. In case of taxes assessed upon the shares of the capital 
stock of any bank he shall call upon the cashier of such bank and demand 
payment thereof, and thereupon it shall be the duty of such cashier to 
pay the same, and charge the amount so paid against the shares of stock 
so taxed. [3869.] 

Seizure and sale of personal property for taxes: If any person 
shall neglect or refuse to pay any tax assessed to him, the township or 
city treasurer, as the case may be, , shall collect the same by seizing the 
personal prdperty of such person to an amount sufficient to pay such tax, 
fees and charges for subsequent sale, wherever the same may be found 
in the county in which such treasurer resides or in an adjoining county 
thereto, and in case of assessment upon the personal property of corpo¬ 
rations organized under the laws of this state for the purpose of engaging 


244 


MICHIGAN FARM LAWS. 


in maritime commerce, and navigation, wherever personal property of such 
corporation may be found within the state, and from which seizure no 
property shall be exempt. He may sell the property seized to an amount 
sufficient to pay the taxes and all charges, in the place where seized, or 
in the township or city of which he is treasurer, af public auction, on 
giving public notice of the same at least five days previous to the sale, 
by posting written or printed notices in three public places in the town¬ 
ship, village or city where the sale is to be made, which sale may be 
adjourned from time to time if he shall deem the same necessary; and in 
case property shall be seized and advertised as herein directed, during 
the life of the warrant, the same may take place at any time within six 
days after the expiration thereof. If it becomes necessary to sell personal 
property which brings more than the amount of taxes and charges, the 
balance shall be returned to the person from whose possession the 
property was taken, except as hereinafter provided. If the property so 
distrained cannot be sold for want of bidders, and in such cases only, 
the treasurer shall return a statement of the fact, and such tax shall be 
returned as unpaid. The township treasurer, if otherwise'unable to col¬ 
lect a tax on personal property, may sue the person to whom it is assessed, 
in the name of the township, village or city, and garnishee any debtor or 
debtors of such person. The tax roll shall be prima facie evidence of 
the debt sought to be recovered: Provided, That when any person hav¬ 
ing possession of the personal property of any other person or corporation 
shall be assessed for such property and shall be obliged to pay the taxes 
thereon, such person, so paying the taxes, may recover of the person for 
whose benefit the taxes were paid, with the interest thereon, in an action 
of assumpsit. [3870.] 

Further provisions for sale; fees; property removed; levy and 
execution: In case of a distress and sale of goods and chattels, for 
the payment of any tax, the treasurer or other collecting officer may also 
collect on such sale one dollar and fifty cents over and above the tax, as 
his fees for making such sale, which fees and percentage hereinbefore 
provided shall be in full for his services in collecting such taxes; and 
in case payment of such tax shall be made after the distress and before 
the sale, it shall be lawful for such treasurer or collecting officer to re¬ 
quire the payment of one dollar and fifty cents as his fee for ipaking 
such distress, and to enforce payment of the same, if need be, by making 
sale notwithstanding the tax shall have been paid. And whenever ary 
personal property having been assessed to any person in any township or 
ward in this state shall be removed therefrom before the taxes assessed 
thereon shall be collected, and there being no other personal property suf¬ 
ficient in said township or ward whereon the treasurer or other collecting 
officer can levy and collect said taxes, or any of them, he shall have full 
power, and it shall be his duty to make a statement, duly certified by him 
to be correct and true, showing that personal property has been assessed 
to such person, naming him, the valuation thereof, the various taxes 


TAXATION. 


245 


thereon, and the total thereof, as appears from the roll in the hands of 
such treasurer, and that such property has been removed from such town¬ 
ship, ward or city since the assessment thereof, and that the taxes or 
some portion of them has not been paid; which statement shall be wit¬ 
nessed and acknowledged in the same manner as deeds of real estate are 
acknowledged, and shall be received in all courts and other places as 
evidence of the facts therein contained, without proof of its execution, 
and shall be prima facie evidence of the validity of the tax therein 
named against the person therein named, and shall be full and ample 
authority to the treasurer or other tax collector to whom it shall be sent 
to levy and collect the same in the same manner as other personal taxes 
are collected by him when spread upon his own roll. Such statements 
may be sent to the township or city treasurer, or other collecting officer 
of any township or city in this state, where the person against whom 
such assessment was made may have property, and .the treasurer, or other 
collecting officer to whom such statement shall have been transmitted, 
shall, upon the receipt of the same, proceed to collect said taxes out of 
any property belonging to the owner of such property so taxed as afore¬ 
said, within his jurisdiction, liable to be seized for taxes, together with 
double collection fees therefor, and the further sum of twenty-five cents 
to -defray the expense of transmitting the taxes so collected as herein¬ 
after provided, and shall give his receipt therefor. The said treasurer, 
or other collecting officer, shall thereupon transmit the taxes, and one- 
half of the collection fees as aforesaid collected, to the township treas¬ 
urer, or other collecting officer, from whom he received such statement, 
and the latter shall, upon the receipt of said taxes and collection fees, 
mark the said taxes in ink as paid upon his tax roll, and the date of the 
receipt of the same, retaining the collection fees so received as aforesaid, 
as his fees in the matter of the collection of said taxes. Executions 
issued upon judgments rendered, for any tax, may be levied upon any 
property, without exemption, the same as though seized for sale under 
warrants issued for the collection of taxes by township supervisors, 
and collected in the same manner, in all other respects, as provided by 
law for the collection of judgments. [3871.] 

IX. Payment of Taxes; Manner; Rights of Lienholders; of Tenant; 

Evidence. 

Any one may pay the taxes or any one of the several taxes or any 
part thereof on any parcel of land and the treasurer shall note across 
the face of the receipt in ink, any portion of the taxes remaining unpaid. 
He may pay any tax, whether levied on personal or real property, under 
protest to the treasurer, specifying at the time in writing, signed by him, 
the grounds of such protest, and such treasurer shall minute the fact of 
such protest on the tax roll and in the receipt given. The person paying 
under such protest may, within thirty days, and not afterwards, sue the 


246 


MICHIGAN FARM LAWS. 


township for the amount paid, and recover it, if the tax is shown to be 
illegal for the reason specified in such protest. Any person owning an 
undivided share, or other part or parcel of real property assessed in one 
description, may pay on the part thus owned by paying an amount having 
the same relation to the whole tax as the part on which payment is made 
has to the whole parcel. The person making such payment shall 
accurately describe the part or share on which he makes payment, and 
the receipt given and the record of the receiving officer shall show such 
description, and by whom paid; and in case of the sale of the remaining 
part or share for non-payment of taxes, he may purchase the same in like 
manner as any disinterested person could. Any person having a lien 
on property may, after thirty days from the time tax is payable, pay 
the taxes thereon, and the same may be added to his lien and recovered 
with the rate of interest borne by the lien. A tenant of real estate may 
pay the taxes thereon and deduct the same from his rent, unless there 
be an agreement to the contrary. Such payment may be made to the 
township treasurer while the tax roll is in his hands, or afterwards to 
the county treasurer. The receipt given shall be evidence of such payment. 
[3876.] 




CHAPTER 27. 

Trespass. 

I. Trespass on lands. 

II. Trespass upon cranberry marshes. 

III. Trespass by cutting or destroying wood, timber, grain, etc. 

IV. Entering gardens, orchards, etc. 

V. Trespass on public lands. 

VI. Collection of damages for trespass. 

I. Tresspasses on Lands. 

Treble damages in certain cases: Every person who shall cut 
down or carry off any wood, underwood, trees or timber, or shall girdle 
or otherwise despoil or injure any trees on the land of any other person, 
without the leave of the owner thereof, or on the lands or commons of 
any city, township, village or other corporation, without license therefor 
given, shall be liable to the owner of such land, or to such corporation,, 
in three times the amount of damages which shall be assessed therefor 
in an action to trespass, by a jury, or by a justice of the peace in the 
cases provided by law. [11204.] 

Exceptions: If, upon the trial of any such action, it shall appear 
that the trespass was casual and involuntary, or that the defendant had 
probable cause to believe that the land on which such trespass was com¬ 
mitted was his own; or that such wood, trees or timber were taken for 
the purpose of making or repairing any public road or bridge; judgment, 
shall be given to recover only the single damages assessed. [11205.] 

Trespass in forcible entry or detainer: If any person shall be 
ejected or put out of any lands or tenements in a forcible and unlawful 
manner, or being put out, be afterwards holden and kept out by force, 
or with strong hand, he shall be entitled to maintain an action of trespass, 
and shall recover therein three times the amount of \ damages assessed 
by the jury or a justice of the peace in the cases provided by law.. 
[11206.] 

II. Trespass Upon Cranberry Marshes. 

Trespass on cranberry marsh; penalty; further penalties: IF any 

person shall enter the premises of any other person, and take and carry 
away cranberries or canberry vines there growing, shall trample or other¬ 
wise injure or destroy the cranberry vines growing thereon, without the 
permission of the owner or occupant of said premises, such person shall 
be deemed guilty of a misdeameanor, and on conviction thereof, shall be 
punished by imprisonment in the county jail not less than five days, or 
by fine not less than five dollars, and costs of prosecution, or both such 

247 


248 


MICHIGAN FARM LAWS. 


fine and imprisonment, in the discretion of the court; and if any of the 
offenses mentioned in this section shall be committed on the first day 
of the week, or in disguise, or secretly in the night-time, between sun¬ 
setting and sun-rising, on conviction thereof the punishment shall not be 
less than twenty dollars fine, or imprisonment in the county jail not less 
than ten days, or both, a.t discretion of the court. [11643.] 

Treble damages: Any person who shall commit any of the acts 
of trespass in section one of this act, shall be liable in treble damages, in 
an action of trespass to be brought in the name of the owner or occu¬ 
pant of the land upon which said trespass may have been committed. 
[11644.] 

Note: A like law as to trespass on huckleberry marsh and lands growing black¬ 
berries was passed, and approved June 2, 1909. [Act 261.] 

III. Trespass by Cutting or Destroying Wood, Timber, Grain, Etc. 

Willful trespass by cutting or destroying wood, timber, grain, etc.: 

Every person who shall willfully commit any trespass, by cutting down 
or destroying any timber or wood, standing or growing on the land of 
another, or by carrying away any kind of timber or wood, cut down or 
lying -£>n such land, or by digging up or carrying away any stone, ore, 
gravel, clay, sand, turf or mould from such land, or any roots, fruit or 
plant there being, or by cutting down or carrying away any grass, hay, 
or any kind of grain standing, growing or being on such land, or by 
carrying away from any wharf or landing place, railroad depot or ware¬ 
house, any goods whatever in which he has no interest or property, 
without the license of the owner, of the value of five dollars or more, 
shall be punished by imprisonment in the county jail not more than sixty 
days, or by fine not exceeding one hundred dollars. [11587.] 

IV. Trespass by Entering Gardens, Orchards, Etc. 

Willful trespass by entering gardens, orchards, etc.: Every per¬ 
son who shall willfully commit any trespass by entering upon the garden, 
orchard or other improved land of another, without permission of the 
owner thereof, and with intent to cut, take, carry away, destroy or 
injure the trees, grain, grass, hay, fruit or vegetables there growing or 
being, shall be punished by imprisonment in the county jail not more 
than thirty days, or by fine not exceeding twenty dollars; and if any of 
the offenses mentioned in this, or in the preceding section, shall be com¬ 
mitted on the first day of the week, or in disguise, or secretly in the night 
time, between sun setting and sun-rising, the imprisonment shall not be 
less than five days, nor the fine less than five dollars. [11588.] 

V. Trespass on the Public Lands. 

Not to enter on public lands; cut or destroy trees; penalty : 

Every person not thereto lawfully authorized, who shall willfully and 
knowingly enter upon, or willfully and knowingly induce or direct any 


TRESPASS. 


249 


other person to enter upon any of the lands of this state, or any lands held 
in trust by this state for railroad purposes, or for any purpose whatsoever, 
and shall cut down or destroy, or cause to be cut down or destroyed, any 
trees standing or growing thereon, if the value of such trees so cut 
down or destroyed, shall exceed the sum of twenty-five dollars, shall be 
deemed guilty of felony, and shall be punished by imprisonment at hard 
labor in the 'state prison, not more than five years, or by fine not less 
than one hundred nor more than two thousand dollars. [11749.] 

Converting trees, timber or lumber; felony; punishment: Every 
person who shall take and carry away any trees or parts thereof, or any 
timber or lumber made therefrom, so cut or destroyed, or heretofore so 
cut down or destroyed, on such land, wherever in this state the same 
shall be, with intent to convert the same to his own use or the use of 
his employer or principal, if the same shall exceed in value the sum of 
twenty-five dollars, shall be deemed guilty of a felony, and shall be pun¬ 
ished by imprisonment in the state prison not more than five years, or 
by a fine of- not less than one hundred nor more than two thousand dol¬ 
lars, and imprisonment in the state prison not less than three nor more 
than twelve months. [11750.] 

Punishment when property does not exceed twenty-five dollars: 

If the trees so cut down or destroyed, or the trees, parts of trees, or 
timber or lumber made thereof, so taken and carried away, shall not in 
value exceed the sum of twenty-five dollars, the person offending shall 
be punished by imprisonment in the state prison ndt less than three 
months nor more than one year, or by fine not less than fifty nor more 
than one hundred dollars, and imprisonment in the state prison not more 
than three months. [11751.] 

VI. Collection of Damages for Trespass. 

Party may waive tort and bring assumpsit: In all cases where a 
party has a right of action for the taking of timber or other trespass 
on lands or for any injury to lands, whether direct or consequential, it 
shall be lawful for the party having such right of action to waive the tori 
and bring assumpsit therefor. [11207.] 

Plaintiff may commence suit by attachment, etc.: When tort is 
waived, as provided in the preceding section, the plaintiff may com¬ 
mence his suit by attachment against the property of the defendant, as in 
other cases, and his affidavit for such attachment shall state the amount 
due him as near as may be, and the fact that the damages are liquidated 
shall not prevent the bringing and maintaining of such writ. [11208.] 


CHAPTER 28. 

Trees and Timber. 

I. On or near boundary line, 

II. In highway. 

III. Shade trees. 

IV. Timber. 

I. On or near boundary line. 

On this subject the decisions of the courts in various cases are 
given in the language of the court rendering them. They are as follows 1 

“Trees standing, so nearly upon the line between lands that por¬ 
tions of its body extend into each, the same is the property in conjmon 
of the landowners. And neither of such owners is at liberty to cut the 
tree without the consent of the other, nor to cut away the part which 
extends into his land, if he thereby injures the common. property in 
the tree.” I Washburn on Real Property, 7 § a — 29 L. R. A. 585. 

“Trees- standing wholly within the boundary line of one’s land 
belong to him although the roots and branches of such trees may 
extend into the adjacent owner’s land. But the adjacent owner may 
lop. off the branches or roots of such up to the line of his land.” 29- 
L. R. A. 585. 

Trees on a boundary line belong to the adjoining owners as tenants 
in common, and one joint owner may be enjoined at the suit of the other 
from cutting down such trees, although such plaintiff had cut dowa 
similar trees before. Musch vs. Burkhart, 83 Iowa 801. 

A tree standing on the boundary line is the common property of 
both parties whether marked or not, and trespass will lie if one destroys 
it without the consent of the other. Griffin vs. Bixby, 12 N. H. 454. 

The destruction of forest trees along a disputed boundary line may 
be enjoined pending a suit to establish such line. De La Croix vs. Villere, 
-11 La. Ann. 39. 

If my tree blow down and fall on the land of my neighbor, I 
may go on and fake it away, and the same rule prevails where fruit 
falls on the land of another, but if the owner of a tree cut the loppings 
so that they fall on another’s land, he cannot be excused for entering 
to- take them away on the ground of necessity, because he might have 
prevented it. Newkirk vs. Sabler, 9 Barb. 655. 

Projecting trees near a boundary line a nuisance; when: Trees 
projecting over another’s land are only nuisances as to the projection 
and may be cut off, or the party aggrieved may sue for damages or 
have the nuisance abated. The projecting roots may also be abated, 
but the tree cannot be cut down. Grandona vs. Lovdal, 70 Cal. 611. 

250 


TREES AND TIMBER. 


251 


Branches which overhang property adjoining that on which the trees 
are growing constitute a nuisance which the owner of such adjoining 
property may remove. Hickey vs. Michigan C. R. Co., 96 Mich. 498. 

II. Trees in Highway. 

Trees in highway are property of adjacent owner: Trees in the 
highway are the property of the adjacent owner; and if they encroach 
upon the highway and must be removed, he has a right and mus't be 
afforded reasonable opportunity to take them as living trees and trans¬ 
plant them elsewhere. The order of removal should be given to him and 
be should be allowed a reasonable time to comply with it before the 
commissioners should act further. 21 L. R. A. 731. 

Neighbor has no right to cut if tree does not overhang his land: 
Where a party cuts down trees standing in the street in front of his 
neighbor’s land, on the ground that their shade .made his house damp 
and unhealthy, but did not show that they overhung his land, he was 
held liable in damages. Bliss vs. Ball, 99 Mass. 598.. 

III. Shade Trees. 

Cutting down or injuring: The cutting down or injuring of shade 
or other ornamental trees is an irreparable injury, which the courts will 
prevent by injunction. B. & O. Ry. Co. vs. Boyd, 67 Md. 32. 

Wilson vs. Mineral Point, 39 Wis. 160. 

Musch vs. Burkhart, 83 Iowa, 301. 

Shade trees in highway: A telegraph company l\as no right to 
trim without consent of owner of adjoining land, and is liable to such 
owner for the damages incurred. W. U. Tel. Co. vs. Smith, 64 O. S., 
106, 115. 

Telegraph, telephone and electric light and power companies, etc., 
are liable for negligence resulting in unnecessary injuries in cutting trees 
in or along the highway for running their wires, and this rule holds even 
if the wires are for public use. 

Clay vs. Postal Teleg. Co., 70 Miss. 406. ' 

Tissot vs. Great So. Tel and Telephone Co., 39 La. Ann. 996. 

Damages to the amount of $150 were awarded against a telephone 
company for cutting off the top of a handsome elm tree, standing in 
front of a side-walk, where the lot was centrally located and was avail¬ 
able for high-class buildings, and the cutting was without any justification, 
although the agents of the company thought they had permission. Hoyt 
vs. Telephone Co., 60 Conn. 385. 

IV. Timber. 

See “Trespass’. . 


CHAPTER 29. 

Time-Limit for Commencing Suits at Law. 

I. For recovery of land, etc. 

II. For commencing personal actions, etc. 

I. Recovery of Land. 

Actions for the recovery of lands must be commenced within cer¬ 
tain prescribed periods, after the right to bring any such action accrues, 
as follows, to wit: 

Within five years: First, Within five years, where the defendant 
claims title to the land in question, by or through some deed made upon 
a sale thereof by an executor, administrator or guardian, or by a sheriff, 
or other proper ministerial officer, under the order, judgment, decree or 
process of a court, or legal tribunal of competent jurisdiction within this 
state, or by a sheriff upon a mortgage foreclosure sale; 

Within ten years: Second, Within ten years, where the defend¬ 
ant claims title under a deed made by some officer of this state, or of 
the United States^ authorized to make deeds upon the sale of lands for 
taxes assessed and levied within this state; 

Within fifteen years: Third, Within fifteen years in all other 
cases. [9714.] 

Foreclosure of mortgage, etc.: Action to be brought within 
fifteen years. 

II. Commencing Personal Actions. 

Certain actions to be brought within six years: The following 
actions shall be commenced within six years next after the cause of action 
shall accrue, and not afterwards, that is to say: 

1. All actions of debt, founded upon any contract or liability not 
under seal, except such as are brought upon the judgment or decree of 
some court of record of the United States, or of this, or some other of 
the United States; 

2. All actions upon judgments rendered in any court, other than 
those above excepted; 

3. All actions for arrears of rent; 

4. All actions of assumpsit, or upon the case, founded upon any 
contract or liability, express or implied; 

5. All actions for waste; 

6. All actions of replevin and trover, and all other actions for 
taking, detaining, or injuring goods or chattels; • 

252 


TIME LIMIT FOR COMMENCING SUITS AT LAW. 


253 


All other actions on the case, except actions for slanderous 
words, or for libels. [9728.] 

Actions for trespass, assault and battery, false imprisonment, 
slander and malpractice: All actions for trespass upon lands, or for 
assault and battery, or for false imprisonment, and all actions for slan¬ 
derous words and for libels, and all actions against physicians, surgeons 
and dentists for malpractice shall be commenced within two years next 
after the cause of action shall accrue and not afterwards. And all ac¬ 
tions for libels shall be commenced within one year next after the cause 
of action shall accrue and not afterwards. [9729.] 

Actions against sheriffs: Actions against sheriffs, for the mis¬ 
conduct or neglect of their deputies, shall be commenced within three 
years next after the cause of action shall accrue, and not afterwards 
[9728.] 

Ten years: All personal actions on any contract, not limited by 
the foregoing sections, or by any law of this state, shall be brought 
within ten years after the accruing of the cause of action, and not after¬ 
wards. [9734.] 

When right of action concealed: If any person who is liable to 
any of the actions mentioned in this chapter, shall fraudulently conceal 
the cause of such action from the knowledge of the person entitled there¬ 
to, the action may be commenced at any time within two years after the 
person who is entitled to bring the same shall discover that he has such 
cause for. action, although such action would be otherwise barred. [9739.] 

Actions to recover penalties or forfeitures, etc.: All actions 
and suits for any penalty or forfeiture on any penal statute, brought in 
the name of the people of this state, shall be commenced within two 
years next after the offense was' committed, and not afterwards, except 
in the cases mentioned in the next section. [9848.] 

The preceding section shall not apply to any suit which is or shall 
be limited by any statute, to be brought within a shorter or longer time 
than is prescribed in said section; but such suit shall be brought within 
the time that may be limited by such statute. [9849.] 

Action on appeal bond: Action against the sureties on any bond 
given on an appeal from any justice court shall be brought within two 
years after the final determination of the suit in which such bond is filed 
* * * * . [9753.] 

Minors, insane persons, convicts, et al., may bring action after 
disability removed: If any person entitled to bring any of the actions 
mentioned in this chapter shall, at the time when the cause of action 
accrues, be within the age of twenty-one years, insane, or imprisoned 
in the state prison, or absent from the United States and from the 
British provinces of North America, such person may bring the action 
within the times respectively limited, after the disability shall be re¬ 
moved * * * *. [9733.] 


CHAPTER 30. 

Water and Watercourses. 

Rights of landowner in water: There is no right of property 
in the water of a natural flowing stream,* the only right is the use of the 
water as it flows by the land adjoining the stream. Each proprietor of 
land through which water flows may use as much of*it as is necessary 
for natural and domestic purposes, even if it be entirely consumed in 
the use, but he is limited as regards other purposes to a reasonable and 
proportionate use which must not be such as to exclude others from a 
benefit to which they are equally entitled with himself. A riparian owner 
may make any reasonable use of the stream, directing or changing its 
course upon his own land; but he must return the stream to its natural 
channel upon the land below him; and he should use the water so every 
owner below will have the use and enjoyment of it, substantially accord¬ 
ing to its natural flow. 

Right to take ice: Ice belongs to the owner of the land, 33 Ind. 
402, unless the stream be a navigable one recognized as public property, 
in which case the riparian owner takes no exclusive right to the ice. 3h 
Mass. 474. Owners along streams have a right to take the ice, or to 
lease the right to others. 112 Mich. 483. 

Right to hunt and trap along stream: Each adjacent land owner 
has such right. 20 O. C. C. 637. 

Surface water; ownership of: Surface water belongs to the 
owner of the land, who may use it upon his own premises as he sees fit 
not injuring his neighbor. The lower ground is under a natural servi¬ 
tude to higher ground to receive from it all surface water, accumulating 
from falling rains and melting snows, or from natural springs, that nat¬ 
urally flow from it to and upon the lower ground. This advantage of 
the higher land is a part of the property of- the owner in it, and he is 
not indebted to the owner of the lower ground therefor. But the upper 
riparian owner has no right to dam up the stream and then discharge 
the water in great quantities upon tlie lower owner, and the erection of 
an embankment upon one’s land, whereby the surface water of the ad¬ 
joining land of - another is prevented from flowing in its natural course, 
and caused to flow off in a different direction over the land of the latter 
is a nuisance for which an action may be maintained and recovery had, 
nor can waters in a basin which has no natural outlet rightfully be con¬ 
ducted by artificial drain so as to flow upon the land of another to his 
damage. Nor has a land owner any right to collect his surface water 
together and discharge it in a stream upon his neighbor’s land. No 

251 


WATER AND WATERCOURSES. 


255 


action will lie, however, for damming up water unless some actual in 
jury is sustained. 

Notes: The diversion of water from an alleged natural watercourse through 
which it had been accustomed to run upon complainant’s land, where he utilized 
it for farm purposes, so as to deprive him of such use, was enjoined. 73 Mich. 170. 

One has not the right to construct and maintain open ditches and drains which 
collect the water from ponds or pools on his own premises and cast it in unusual 
quantities upon his neighbor’s land; but he may, in the interest of good husbandry, fill 
cavities in his land, and if, in this regard, he does no more than is necessary and 
desirable, and desirable for the proper tillage of his land, he is not liable. 97 
Mich., 282. 

One who has a swamp on his land has no right to transfer it to his neighbor 
by digging an artificial ditch and carrying the water upon his neighbor’s land so 
as not to overflow and percolate his own soil, and the fact that the digging of the 
ditch is good husbandry is no defense. 86 Mich. 24. 

If by an artificial cut that changes the course of the water in drains already 
established one so increases the discharge of surface water from his land into 
another drain as to cause it to overflow a lower proprietor’s land, he is liable for 
injury done. 93 Mich. 196. 

Subterranean waters, disturbing, etc.: If a landowner engage 
in subterranean operation knowing that he is liable to injure the waters 
beneath his land which supply his neighbor’s well, and such injury can be 
prevented by a reasonable outlay, his failure to use the proper preventa¬ 
tive means negligence, and he is liable for damages resulting therefrom. 
131 Pa. St. 143. 

Ownership of land under stream: The fee of the land under the 
waters of rivers, as far as the middle thread, is in the riparian owners. 
114 Mich. 165. 


CHAPTER 31 . 

Weeds, Thistles, Etc., Destruction of. 


I. Railroads to cut and destroy noxious weeds, etc. 

II. Gravel and plank road companies to cut and destroy weeds. 

III. Canada Thistles to be cut on land and highway. 

IV. Milkweed to be cut on land and highway. 

V. Commission for destruction of noxious weeds; duties, etc. 

I. Railroads to Cut Noxious Weeds, Etc. 

All railroad corporations doing business in this state shall, each 
year, between the fifteenth day of June and the first day of July, and 
again between the fifteenth day of August and the first day of September, 
cause all noxious weeds growing upon lands occupied by them in any 
city or village or organized township in this state to be cut down and 
destroyed. [5707.] 

Company liable for expense on neglect or refusal: In case any 
railroad company shall refuse or neglect to comply with the require¬ 
ments specified in the first section of this act, then it shall be lawful 
for any highway officer to cut said obnoxious weeds, between the first and 
fifth days of July, inclusive, and between the first and fifth days of 
September, inclusive, in each year, at the. expense of the corporation 
on whose lands said noxious weeds shall be so cut, at the rate of three 
dollars per day for the time necessarily occupied in cutting, to be re¬ 
covered in any court of competent jurisdiction in this state. [5708.] 

II Gravel and Plank Road Companies to Cut and Destroy Weeds. 

When must cut noxious weeds: All gravel or plank road com¬ 
panies doing business in this statfe shall, between the fifteenth day of 
June and the first day of July, and again between the fifteenth day of 
August and the first day of September in each year, cause all noxious 
weeds growing on the lands occupied by them in any village or organized* 
township of this state, to be cut down and destroyed. [5709.] 

Penalty for neglect to cut, etc.; how suit brought, etc.: In case 
any gravel or plank road company shall refuse or neglect to comply 
with the requirements specified in the first section of this act, it shall 
be liable in a penalty of twenty-five dollars, to be prosecuted for in 
action of debt by any person feeling himself aggrieved. Said suit may 
be brought before any justice of the peace of the county, who shall 
require of the complainant surety to pay the costs in case he fails 

256 


WEEDS, THISTLES, ETC. 


257 


to maintain his action. Summons may be served on any agent or officer 
of the company. [5710.] 

When highway officers to cut etc.; charges for, etc.: In case 
any such gravel or plank road company shall refuse or neglect to comply 
with the requirements specified in the first section of this act, then 
it shall be lawful for any highway officer or commissioner to cut or 
cause to be cut said noxious weeds, between the first and fifth days of 
July, inclusive, and between the first and fifth days of September, in¬ 
clusive, in each year, at the expense of the corporation on whose lands 
said noxious weeds shall be cut, at the rate of three dollars per day for 
the time necessarily occupied in cutting, to be recovered in any court of 
competent jurisdiction in this state. [5711.] 

III. Canada Thistles to be Cut on Land and Highway. 

Owner or occupant to cut down thistles; penalty for suffering 
them to grow: It shall be the duty of every owner, possessor or 
occupier of land, to cut, or cause to be cut down, all the Canada thistles 
growing thereon, or on the highway passing by or through the same, 
so often in each and every year as shall be sufficient to prevent them 
going to seed; and if any owner, possessor or occupier of land shall, 
knowingly, suffer any such Canada thistles to grow thereon, and the 
seed to ripen, so as to cause or endanger the spread thereof, he shall, 
on conviction, be liable to a fine of ten dollars for every such offence. 
[5712.] 

Duty of overseers of highways; to notify owner of land to cut 
down Canada thistles: It shall be the duty of the overseer of high¬ 
ways in any township to see that the provisions of this act shall be 
carried out within their respectiye highway districts, and they shall give 
notice to the owner, possessor, occupier of any land within said district 
whereon Canada thistles shall be' growing and in danger of going to 
seed, requiring him to cause the same to be cut down within five days 
from the service of such notice, and in case such owner, possessor or 
occupier shall refuse or neglect to cut down the said Canada thistles, 
the overseer of highways ^hall enter upon the land and cause all such 
Canada thistles to be cut down with as little damage to growing crops 
as may be, and he shall not be liable to be sued in any action of trespass 
therefor: Provided, That when such Canada thistles are growing upon 
non-resident lands it shall not be necessary to give notice before pro¬ 
ceeding to cut down the same. [5713.]. 

To keep account of expenses incurred; township boards to audit: 
claim for expense: Each overseer of highways shall keep an accu¬ 
rate account of the expenses incurred by him in carrying out the pro¬ 
visions of the preceding section of this act with respect to each parcel 
of land entered upon therefor, and shall offer a statement of such ex¬ 
pense, describing by its legal description the land entered upon, and 


17 M F l 


258 


MICHIGAN FARM LAWS. 


* 


verified by oath to the owner, possessor, or occupier of such resident 
lands requiring him to pay the amount; in case such owner, possessor 
or occupier shall refuse or neglect to pay the same within thirty days 
after such application, said claim shall be presented to the township board 
of the township in which such expense was incurred, and said town¬ 
ship board is hereby authorized and required to audit and allow such 
claim, and order the same to be paid from the fund for general town¬ 
ship purposes of said township out of any moneys in the township 
treasury not otherwise appropriated, the said overseer of highways shall 
also present to the said township board a similar statement of the ex¬ 
pense incurred by him in carrying out the provisions of said section 
upon any non-resident land, and the said township board is hereby au¬ 
thorized and required to audit and allow the same in like manner. [5714.] 
Expenses paid to be levied on lands: The supervisor of the 
township shall cause all such expenditures as have been so paid from 
the township treasury under the provisions of this act, to be severally 
levied on the lands so described in the statement of the overseer of 
highwaj's and to be collected in the same manner as delinquent highway 
taxes are collected, and the same when collected shall be paid into the 
township treasury to re-imburse the outlay therefrom aforesaid. [5715.] 
Penalty for selling seed among which there is seed of thistle: 
Any person who shall knowingly vend any grass or other seed, among 
which there is any seed of the Canada thistle, shall, for every such 
offence, upon conviction, be liable to a fine of twenty dollars. [5716.] 
Duty of prosecuting attorney: It shall be the duty of the prose¬ 
cuting attorney of the county to prosecute all violations of the pro¬ 
visions ofi this act which shall come to his knowledge. [5717.] 

Penalty for neglect to discharge duties: Every overseer of high¬ 
ways who shall refuse or neglect to discharge the duties imposed on 
him by the' provisions of this act shall be liable to a fine of twenty-five 
dollars : Provided, That the provisions of this act shall be published 
in pamphlet form, and ten copies thereof forwarded to the supervisor 
©f each township in this state. [5718.] 

IV. Milkweed to be Cut on Land and Highway. 

Milkweed to be cut by owner, etc.: It shall be the duty of every 
•owner, occupant or person having charge of lands in this state, to cut 
down, or cause to be cut down, all milkweeds, asclepias cornutus, grow¬ 
ing thereon, or on land between the center of any highway and said 
lands, or in any highway passing through the same, in each and every 
year so often as shall be sufficient to prevent said milkweed going to 
seed ; and if any owner, occupant or person having charge of such 
land shall knowingly suffer any such milkweed to grow thereon, and 
the same to ripen so as to cause or endanger the spreading thereof, he 
shall, on conviction, be punished by a fine of ten dollars, together with 



WEEDS, THISTLES, ETC. 


259 


the costs of prosecution, and in default of payment of the same be im¬ 
prisoned in the county jail of the county where the land is situated, for 
a period not exceeding twenty days. [5719.] 

Overseer of highways to enforce this act; duty in case of refusal, 
etc.: When any overseer of highways shall have knowledge or in¬ 
formation that milkweed is growing upon any lands in his highway 
district, contrary to the provisions of this act, he shall see to it that the 
provisions of this act are carried out within his highway district and he 
shall give a written notice to the owner, occupant or person having 
charge of such lands, describing the same by their legal subdivisions, 
within his highway district whereon milkweed shall be growing and in 
danger of going to seed, requiring him to cause the same to be cut 
down within five days from the service of such notice, and in case such 
owner, occupant or person having charge of said lands shall refuse 
or neglect to cut or cause to be cut down the said milkweed, the over¬ 
seer of highways shall enter upon the lands where said milkweed is 
growing and cause all such milkweed to be cut down and destroyed, 
doing as little damage as may be while 1 in the performance of such 
duty, and the said overseer of highways shall not be liable for so enter¬ 
ing upon said lands for the purpose of performing such duty except for 
any actual damage to the crops growing thereon, which shall result 
from his willful and unlawful act or gross negligence: Provided, That 
when such milkweed is found growing upon non-resident lands and 
no one to* the knowledge or information of said overseer of highways 
shall have charge thereof it shall not be necessary to give notice before 
proceeding to cut down such milkweed. [5720.] 

Compensation of overseer, etc.: Each overseer of highways 
shall keep an accurate account of the expenses incurred and time em¬ 
ployed by him in carrying out the provisions of section two of this act 
with respect to each parcel of land so entered upon, and for the time 
so employed he shall be entitled to charge at the rate of one dollar and 
fifty cents per day and seventy-five cents for each half day by him 
actually and necessarily employed while performing said duty, and when 
said duty shall have been performed in the destruction of milkweed 
growing on resident lands, or on lands in the charge of any person 
known to said overseer of highways he shall present a statement duly 
verified of such charges, describing the land whereon the sam^ were 
incurred by its legal description, to the owner, occupant or custodian, 
and demand of him payment therefor. When any overseer of highways 
shall incur any expense or employ any time in the destruction of milk¬ 
weed found growing on non-resident lands as provided in section two 
of this act, he shall make out a complete statement showing such ex¬ 
penses and time employed, and for which time employed he may charge 
at the same 1 rate as for duties performed relative to resident lands, 
and shall file such statement with the township clerk as hereinafter pro¬ 
vided. [5721.] 1 


260 


MICHIGAN FARM LAWS. 


In case of neglect or refusal to pay, etc.; duty of township boards: 

In case the owaer, occupant or custodian of any lands shall neglect or 
refuse for the space of thirty days to pay the charges of such overseer 
as specified in section three of this act, it shall' be the duty of said over¬ 
seer of highways to file such statement of charges with the township 
clerk of the township wherein such charges were incurred five days 
before the last Saturday of September of each year, and he shall also 
file within the same time with the said township clerk the aforesaid 
statements of charges incurred relative to all non-resident lands in his 
highway district. On the said last Saturday of September it shall be 
the duty of the township boards of the several townships of this state, 
with township clerk of which any statement of charges provided for 
in this act shall have been filed, to meet at the township clerk’s office 
at the hour of ten o’clock in the forenoon for the purpose of auditing 
and allowing said charges. Said meeting shall be called by the town¬ 
ship clerk by written notice served on each member of the board three 
days before the date fixed for said meeting. When such meeting of 
said township board shall have been called by the township clerk as 
aforesaid, it shall' be the duty of said township board to meet as herein 
provided and audit all claims for charges found on file with the said 
township clerk, and at which meeting it shall be the right of all parties 
interested therein to appear before said board and be heard with reference 
to the legality and amount of such charges. [5722J 

How claims paid: The amount of all claims for charges in 
this act provided for, which shall be audited and allowed by any town¬ 
ship board, shall be paid to the several overseers of highways entitled 
thereto from .the township treasury in the same manner as -other charges 
allowed against townships are paid. [5723.] 

Clerk to make statement of claims, etc.: The township clerk, 
after the allowance, shall make a statement of all such claims as have 
been so allowed under the provisions of this act, with a description of 
the lands relative to which such charges have been allowed, to the 
supervisor of the township who shall cause the several amounts so al¬ 
lowed to be levied on the lands so described in a separate column in the 
tax roll of his township, and which taxes so spread shall, in all respects, 
be collected or returned in the same manner as other taxes assessed upon 
real estate are collected or returned, and when the same are collected 
they shall be paid into the treasury of the towriship for the purpose of 
re-imbursing such township for any expenses which may have been 
incurred in carrying out the provisions of this act. [5724.] 

Penalty for selling milkweed seed, etc.: Any person who shall 
knowingly sell any grass or other seed among which there is any seed 
of milkweed shall, for every such offense, upon conviction thereof, be 
punished by a fine not exceeding ten dollars, together with the costs of 
prosecution, and in default of the payment thereof be imprisoned in the 
county jail for a period not exceeding ten days. [5725.] 


WEEDS, THISTLES, ETC. 


261 


Penalty on overseer for neglect, etc.: Every overseer of high¬ 
ways who shall refuse or neglect to discharge the duties imposed on 
him by the provisions of this act shall be punished by a fine of ten 
dollars, together with the costs of prosecution, and in default of the 
payment thereof be imprisoned in the county jail for a period of ten 
days. [5726.] 

V. Commissioner for Destruction of Noxious Weeds; Duties of. 

Commissioner appointed when: In any township, village or 
city in this state the township board, village or city council on or before 
the first day of May of each year may appoint a commissioner known 
as a commissioner for the destruction of noxious weeds who shall hold 
office during the pleasure of said township board, village or city council 
and such order of appointment and of revocation shall be entered at 
large upon the township or city records. [3499.] 

Duty of owners or occupants of lands: It shall be the duty of 
every owner, occupant or person having charge of lands, in this state, 
to cut down or cause to be cut down all Canada thistles, milkweed or 
other noxious weeds growing thereon, or on lands between the center 
of any highway passing through the same, in each and every year so 
often as shall be sufficient to prevent said Canada thistles, milkweed or 
other noxious weeds going to seed; and if any owner, occupant or 
person having charge of such lands shall knowingly suffer any such 
Canada thistles, milkweed or other noxious weeds to grow thereon, and 
the same to ripen so as to cause or endanger the spread thereon, he 
shall, on conviction, be punished by a fine of ten dollars, together with 
the costs of prosecution, and in default of payment of the same be im¬ 
prisoned in the county jail of the county where the land is situated for 
a period not exceeding twenty days. [3500.] 

Duty of commissioner; may enter upon lands; proviso as to 
non-resident lands: When the commissioner shall, have knowledge 
or information that Canada thistles, milkweed or other noxious weeds 
are growing upon any lands in his township contrary to the pro¬ 
visions of this act, he shall see to it that the provisions of this act 
are carried out within his township and he shall give a written notice 
to the owner, occupant or person having charge of such lands describ¬ 
ing the same by their legal subdivisions within his township whereon 
Canada thistles* milkweed or other noxious weeds shall be growing and 
in danger of going to seed, requiring him to cause the same to be cut 
down within five days from the service of such notice, and in case 
such owner, occupant or person having charge of said lands shall re¬ 
fuse or neglect to cut or cause to be cut down the said Canada thistles, 
milkweed or other noxious weeds, the commissioner shall enter upon 
the lands where said Canada thistles, milkweed or other noxious weeds 
are growing and cause all such Canada thistles, milkweed or other nox- 


262 


MICHIGAN FARM LAWS. 


ious weeds to be cut down and destroyed, doing as little damage as may 
be while in performance of such duty, and the said commissioner shall 
not be liable for so entering upon said lands for the purpose of perform¬ 
ing such duty except for any actual damage to the crops growing thereon 
which shall result from his wilful and unlawful act or gross negligence: 
Provided, That when such Canada thistles, milkweed or other noxious 
weeds are found growing upon non-resident lands, and no one to the 
knowledge or information of said commissioner shall have charge thereof, 
it shall riot be necessary to give notice before proceding to cut down 
said Canada thistles, milkweed or other noxious weeds. [3501.] 

Compensation of commissioner; occupant of lands liable for 
compensation: The commissioner shall keep an accurate account 
of the expenses incurred, and time employed by him in carrying out 
the provisions of section three of this act with respect to each parcel 
of land so entered upon and for the time so employed he shall be 
entitled to charge at the rate of one dollar and fifty per day, and one 
dollar for each one half day by him actually and necessarily employed 
while performing said duty, and when said duty shall have been per¬ 
formed in the destruction of Canada thistles, milkweed and other noxious 
weeds growing on resident lands or on lands in the charge of any 
person known to said commissioner he shall present a statement duly 
verified of such charges describing the land whereon the same were 
incurred by its legal description to the owner, occupant or custodian 
and demand of him payment therefor. When the commissioner shall 
incur any expense or employ any time in the destruction of Canada 
thistles, milkweed or other noxious weeds found growing on non-resi¬ 
dent lands as provided in section three' of this act he shall make out a 
complete statement showing such expenses and time employed and for 
which time employed he may charge' at the same rate as for duties per¬ 
formed relative to resident lands, and shall file such statement with the 
township clerk as hereinafter provided. [3502.] 

When owner refuses to pay, etc.: In case the owner, occupant 
or custodian of any lands shall neglect or refuse for the space of thirty 
days to pay the charges of such commissioner as specified in section 
four of this act it shall be the duty of said commissioner to file such 
statement of charges with the township clerk of the township wherein 
such charges were incurred, five days before the last Saturday of Sep¬ 
tember of each year, and he shall also file within the same time with the 
said township clerk the aforesaid statement of charges incurred relative 
to all non-resident lands in his township. On the said last Saturday of 
September it shall be the duty of the township boards of the several 
townships of this state with township clerk of which, any statement of 
charges provided for in this act shall have been filed, to meet at the 
township clerk’s office at the hour of two o’clock in the afternoon for 
the purpose of auditing and allowing said charges. Said meeting shall 
be- called by the township clerk by written notice served orf each member 


WEEDS, THISTLES, ETC. 


26$ 


of said board three days before the date fixed for said meeting. When 
such township board shall have met pursuant to the call of the town¬ 
ship clerk as aforesaid, it shall be the duty of said township board to 
audit all claims for charges found on file with the township clerk and 
at which meeting it shall be the right of all parties interested therein 
to appear before said board and be heard with reference to the legality 
and amount of such charges. [3503.] 

Claims to be paid: The amount of all claims for charges in this 
act provided for which shall be audited and allowed by any township 
board, shall be paid to the said commissioner from the township treasury 
in the same manner as other charges allowed against townships are 
paid. [3504.] 

To be spread on tax rolls: The township clerk after said allow¬ 
ance shall make a statement of all such claims as have been so allowed 
under the provisions of this act with a description of the land relative 
to which such charges have been allowed to the supervisor of the town¬ 
ship who shall cause the several amounts so allowed to be levied on 

the lands so described in a separate column in the tax roll of his town¬ 
ship, and which taxes so spread shall in all respects be collected or 

returned in the same manner as other taxes assessed upon real estate 
are collected or returned and when the same are collected they shall be 
paid into the treasury of the township for the purpose of re-imbursing 
such township for any expenses which may have been incurred in carry¬ 
ing out the provisions of this act. [3505.] 

Penalty for neglect by commissioner: Any commissioner who> 
shall neglect or refuse to discharge the duties imposed upon him by the 
provisions of this act shall be punished by a fine 1 of ten dollars to¬ 
gether with the costs of prosecution and in the default of payment 
thereof be imprisoned in the county jail for a period of ten days. [3506.1 

Duty of railroad companies: All railroad corporations doing 
business in this state shall, each year, between the fifteenth day of June 
and the first day of July, and again between the tenth day of August 
and the first day of September, and at any time during the year so 
often as shall be sufficient to prevent Canada thistles, milkweed or other 
noxious weeds going to seed, cause’ all Canada thistles, milkweed or 
other noxious weeds growing upon lands occupied by them in any city* 
village or organized township in this state to be cut down and de¬ 
stroyed. [3507.] 

Commissioner to cut weeds on railroad lands: In case any rail¬ 
road company shall refuse or neglect to comply with the' requirements 
specified in the second section of this act, then it shall be lawful for 
said commissioner to cut said Canada thistles, milkweed or other noxious 
weeds between the first and fifth days of July, inclusive, and between 
the first and fifth days of September, inclusive, in each year or so often 
as shall be sufficient to prevent said Canada thistles/milkweed or other 
noxious weeds going to seed to endanger the spread thereof, at the 


264 


MICHIGAN FARM LAWS. 


expense of the corporation on whose lands said Canada thistles, milk¬ 
weed or other noxious weeds shall be so cut, at the rate of three dollars 
per day for the time necessarily occupied in cutting, to be recovered 
in any court of competent jurisdiction in this state. [3508.] 

Gravel and plank road companies: All gravel or plank road 
companies doing business in this state shall, between the fifteenth day of 
June and the first day of July, and again between the fifteenth day of 
August and the first day of September in each year, cause all Canada 
thistles, milkweed or other' noxious weeds ^growing on lands occupied 
by them in any village or organized township of this state, to be cut 
down and destroyed. [3509.] 

Suit may be brought; when: In case any [gravel or] plank road 
company shall refuse or neglect to comply with the requirements specified 
in the second section of this act, it shall be liable in a penalty of 
twenty-five, dollars, to be prosecuted for in action of debt by any person 
feeling himself aggrieved. Suit may be brought before any justice of 
the peace of the county, who shall require of the complainant surety to 
pay costs in case he fails to maintain his action. Summons may be 
served on any agent or officer of the company: Provided, That if 
above named action be brought by said commissioner as provided for in 
section one of this act he shall not be required to give surety for costs 
for prosecution but shall bring such action by the consent of the town¬ 
ship board of his township. [3510.] 

Proceedings on refusal or neglect: In case any gravel or plank 
road company shall refuse or neglect to comply with the requirements 
specified in the second section of this act, then it shall be lawful for 
any commissioner to cut or cause to be cut said Canada thistles, milk¬ 
weed or other noxious weeds between Jffie first and fifth day of July, 
inclusive, and between the first and fifth days of September, inclusive, in 
each year, or so often as shall be sufficient to prevent said Canada 
thistles, milkweed or other noxious. weeds going to seed to endanger 
the spread thereof, at the expense of the corporation on whose lands 
said Canada thistles, milkweed or other noxious weeds shall be cut, at 
the rate of three dollars per day for the time necessarily occupied in 
cutting, to be recovered in any court of competent jurisdiction in this 
state. [3511.] 



CHAPTER 32 . 

Weights and Measures. 


I. Weights arid measures, generally. 

II. Standard, half-bushel. 

III. Weight per bushel of grain, seed, vegetables, coal, etc. 

IV. Lime, weight of bushel, etc. 

V. Apples, weight per bushel. 

VI. Live and dressed stock, fowls, etc., produce, etc.; weighing and accounting 
of. 

VII. Peach baskets; size, etc. 

VIII. Barrels for fruits, roots, vegetables, etc., size. 

IX. Penalties for short measures. 

X. Peach and other fruit baskets and packages. Capacity to be marked by manu¬ 
facturer. 


I. Weights and Measures Generally. 

Standard of weights and measures: The weights and meas¬ 
ures, together with the scales and beams, and those made in conformity 
therewith, which are now,.or may hereafter be deposited in the treasury 
of this state, shall be preserved by the treasurer, and be the public 
standards. [4882.] 

State sealer of weights and measures: The treasurer of the 
state shall be the state sealer of weights and measures, and he shall 
have and keep a seal, which shall be so formed as to impress the letter 
“M.” upon the weights and measures, and scales and beams, to be sealed 
by him, with which he shall seal all such authorized public standards cff 
weights and measures, and all the weights and measures, and scales and 
beams to be provided by the several counties, when examined by said 
treasurer, and found to be in conformity with the standard weights and 
measures, and scales and beams aforesaid. [4883.] 

Supervisor to procure standard from state sealer, etc.: The 
board of supervisors of each county for which the same have not already 
been obtained, shall procure, for the use and at the expense of their 
county, a complete set of weights and measures, and scales and beams, 
in exact conformity with those remaining in the state treasury; except 
that the same may be made of such suitable materials as the supervisors 
may direct, which shall be tried and proved by the said treasurer, and 
be by him sealed and certified. [4884.] 

County standard to be deposited with clerk: When so sealed 
and certified, such weights and measures, scales and beams, shall be de¬ 
posited with the county clerk, who shall be' the sealer of weights and 
measures for the county, and the same shall be kept by him as the 

265 


266 


MICHIGAN FARM LAWS. 


standard of weights and measures for the county; and the said clerk 
shall also provide and keep a seal similar to the seal required to be kept 
by the state treasurer, with which he shall seal the weights and measures, 
and scales and beams, to be provided by the several townships. [4885.] 

County standard to be tested once in five years: Once in every 
five years from the first day of January, eighteen hundred and forty-five, 
each county clerk for the time being shall cause the said standards in 
his keeping to be tried, proved and sealed by the state standards, under 
the direction of the state treasurer. [4886.] 

When county standard to be procured by treasurer: If the board 
of supervisors of any county which has not heretofore provided such 
standards, shall neglect for six months to provide the same, and cause 
them to be tried and proved, and sealed as aforesaid, and delivered to 
the clerk of the county, it shall be the duty of the clerk to notify the 
county treasurer of such neglect, and such county treasurer shall im¬ 
mediately provide such standards, and cause the same to be tried, proved, 
sealed and deposited as aforesaid, at the expense of his county. [4887.] 

Standard for township: The' township board of each township 
shall procure to be made and provided, when it shall not heretofore have 
been done, for the use, and at the expense of the township, a complete 
set of weights and measures, and scales and beams, in conformity with 
the standards kept by the clerk of the county, which shall be tried, 
proved and sealed, and certified by the county clerk, by the standards 
remaining in his office, and such weights and measures, scales and beams, 
so tried, sealed and certified, shall be delivered to and kept by the clerk 
of the township, as standards for the township; such township standards 
to be made of such suitable materials as the township board shall direct; 
and the said board shall also provide a seal similar to the state seal, 
tp be kept by the township clerk. [4888.] 

Township clerk sealer: The township clerk of each township 
shall be the sealer of weights and measures therein, and shall have 
the care and custody of the standard weights and measures of his town¬ 
ship, and shall seal weights and measures, scales find beams, used within 
his township, after having tried and proved them by the township 
standards. [4889.] 

Same: The clerk of each township shall, once in each year, 
some time in the month of April, put up a written notice in three of 
the most public places in the township, stating therein the time and 
place when and where he will attend such of the inhabitants as live 
within the limits described in the several notices a'foresaid, and seal all 
such of their great and small scales, beams, weights and measures, as 
are found to be accurate, and as they shall bring for that purpose. 
[4890.] 

Compensation of township clerk as sealer: The township clerk 
shall be entitled to demand and receive from the person for whom the 
service is rendered, for trying, proving, and sealing as aforesaid, three 




WEIGHTS AND MEASURES. 267 

cents for each scale, beam, weight or measure found not to be conform¬ 
able thereto, and two cents for each scale, beam, weight or measure 
found to be conformable thereto. [4891.] 

Township clerk to go to stores, etc., and try weights and meas¬ 
ures: The township clerk shall go, once in every year, to the houses, 
stores and shops of such merchants, traders, retailers of spirituous 
liquors, and of such other of the inhabitants of the township using 
scales, beams, weights and measures, for the purpose of buying and 
selling, as shall neglect to bring or send in their scales, beams, weights 
and measures, and he shall there try, prove, and seal the same. [4892.] 
Double fees; when to be paid: For the services required in the 
last preceding section, the township clerk shall be entitled to demand 
and receive of such merchants, or other persons, double the fees herein¬ 
before provided for the like services, together with four cents for every 
mile he shall necessarily travel for that purpose, going out and return¬ 
ing home. [4893.] 

Fees of county clerk, for sealing, etc.: The county clerk shall 
be entitled to receive, from each township clerk a fee of three cents, 
for the first sealing of every weight, measure, scale, or beam, and two 
cents for every subsequent sealing of the same. [4894.] 

Township clerk to procure standard: , If the township board of 
any township, after notice to them that the standard of weights and 
measures for the county have been deposited with the county clerk, 
shall neglect, for the space of six months, to provide standard weights 
and measures for their township, as above directed, it shall be the duty 
of the township clerk forthwith thereafter to procure the same at the 
expense of the township. [4895.] , 

Penalty for neglect, etc.: If any sealer of weights and meas¬ 
ures shall neglect to perform his duty, as prescribed in this chapter, he 
shall forfeit, for each neglect, the sum of five dollars. [4896.] 

Vibrating steelyards to be proved annually: The vibrating steel¬ 
yards, which have heretofore been allowed and used in this state, may 
continue to be used; but each beam, and the poises thereof, shall be 
annually tried, proved, and sealed, by a sealer of weights and measures, 
like other beams and weights. [4897.] 

Meaning of terms: When any commodity shall be sold by the 
hundred weight, it shall be understood to mean the net weight of one 
hundred pounds avoirdupois, and all contracts concerning goods or com¬ 
modities sold by weight, shall be construed accordingly, unless such 
construction would be manifestly inconsistent with the special agreement 
of the parties contracting. [4898.] 

II. Standard, Half-Bushel. 

Measure of fruits, etc.; of charcoal: The half bushel and the 
parts thereof shall be the standard measure for fruits and other com-. 


268 


MICHIGAN FARM LAWS. 


modities customarily sold by heaped measure; and in measuring such 
commodities the half bushel or other smaller measure shall be heaped 
as high as may be, without special effort or design; and the standard 
measure of charcoal shall be twenty-seven hundred and forty-eight cubic 
inches for each and every bushel thereof. [4899.] 

III. Weight Per Bushel of Grain, Seed, Vegetables, Coal, Etc. 

Weight per bushel of grain, dried fruit, coal, vegetables, etc.: 

Whenever wheat, rye, shelled corn, corn on the cob, corn meal, oats, 
buckwheat, beans, clover seed, timothy seed, flax seed, hemp seed, millet 
seed, blue grass seed, red top seed, barley, dried apples, dried peaches, 
potatoes, potatoes (sweet), onions, turnips, peas, cranberries, dried plums, 
castor beans, salt, mineral coal, Hungarian grass seed, orchard grass 
seed, osage orange seed, shall be sold by the bushel, and no special 
agreement as to the measure or weight thereof shall be made by the 
parties, the measure thereof shall be ascertained by weight, and shall 
be computed as follows, viz: 

Sixty pounds for a bushel of wheat. 

• Fifty-six pounds for a bushel of rye; 

Fifty-six pounds for a bushel of shelled corn; 

Seventy pounds for a bushel of corn on the cob; 

Fifty pounds for a bushel of corn meal; 

Thirty-two pounds for a bushel of oats; 

Forty-eight pounds for a bushel of buckwheat; 

Sixty pounds for a bushel of beans; 

Sixty pounds for a bushel of clover seed; 

Forty-five pounds for a bushel of timothy seed; 

Fifty-six pounds for a bushed of flax seed; 

Forty-four pounds for a bushel of hemp seed; 

Fifty pounds for a bushel of millet or Hungarian grass seed; 

Fourteen pounds for a bushel of blue grass seed; 

Fourteen pounds for a bushel of red top seed; 

Forty-eight pounds for a bushel of barley; 

Twenty-two pounds for a bushel of dried apples; 

Twenty-eight pounds for a bushel of dried peaches; 

Sixty pounds for a bushel of potatoes; 

Fifty-six pounds for a bushel of sweet potatoes; 

Fifty-four pounds for a bushel of onions; 

Fifty-eight pounds for bushel of turnips; 

Sixty pounds for a bushel of peas; 

Forty pounds for a bushel of cranberries; 

Twenty-eight pounds for a bushel of dried plums; 

Forty-six pounds for a bushel of castor beans; 

Fifty-six pounds for a bushel of Michigan salt; 

Eighty pounds for a bushel of mineral coal; 



WEIGHTS AND MEASURES. 


269 


Fourteen pounds for a bushel of orchard grass seed; 
Thirty-three pounds for a bushel of osage orange seed. 

IV. Weight of Lime. 


[4900.] 


Weight of lime: Whenever stone-lime js 4old, and no special, 
agreement is made by the parties, the bushel shall consist of seventy 
pounds. [4901.] 

V. Apples; Weight per Bushel. 


Whenever apples are bought or sold by weight, forty-eight pounds 
shall constitute a bushel. [4902.] 


VI. Live and Dressed Stock, Fowls, Etc., Produce, Etc.; Weighing 

and Accounting of. 

Duty of persons weighing cattle, etc.: Every person who shall 
weigh for any person purchasing, or selling, or offering for sale, any live 
stock, neat cattle, sheep, swine, poultry, or other live animals, or any 
beef, pork, mutton, fowls, or other animals when dressed, or any hay, 
grain, or produce, shall make a true and correct weight or weights 
thereof, and give to the purchaser and seller, or person offering the 
same for sale, when requested, the true, full, correct, and gross amount 
of any and all such weights. [4903; Sec. 1 of Act.] 

Penalty for violation: Every person who shall willfully violate 
any of the provisions of this act shall be deemed guilty of a misde¬ 
meanor, and on conviction thereof shall be punished by a fine not exceed¬ 
ing fifty dollars, or.by imprisonment in the county jail not exceeding 
three months, or by both such fine and imprisonment, in the discretion of 
the court. [4904; Sec. 2 of Act.] 


VII. Peach Baskets; Size, Etc. 

The quantity known as a box or basket of peaches shall contain 
seven hundred and sixteen and four-fifths cubic inches, or one-third of 
a bushel strict measure. [4905] 

VIII. Barrels for Fruits, Roots and Vegetables, Etc.; size. 

The quantity known as a barrel of fruit, roots, or vegetables shall 
be that quantity contained in a barrel made from staves'twenty-seven 
inches in length, and each head sixteen and one-half inches in diameter, 
or ordinary flour barrel size. [4906.] 

IX. Penalties for Short Measures. 

Fruits, etc., not to be sold in less quantity than represented: When 

any person, or persons, party or parties, shall offer for sale or sell in any 


270 


MICHIGAN FARM LAWS. 


township, village, or city, within this state, any fruits or vegetables con¬ 
tained in drawers or cases, boxes or caskets, represented to hold one 
bushel or any fractional part thereof, said drawers, boxes, cases or 
baskets, shall be of the dimensions to hold, and shall hold the quantity 
offered for sale or sold, whether by the bushel of thirty-two quarts or 
any fractional part thereof. [4907.] 

Penalty for violation: Any person or persons violating the pro¬ 
visions of the foregoing section, upon conviction before any court of 
competent jurisdiction, shall be liable to a fine not less than five dollars 
nor more than twenty dollars, and imprisonment for a term not to exceed 
three months, or either or both, in the discretion of said court. [4908.] 

X. Peach and Other Fruit Baskets and Package Capacity to be 
Marked by Manufacturer. 

Fruit baskets to be marked as to number of pounds, by manu-» 
facturer: All manufacturers of peach baskets and other fruit packages 
designed for the shipment of peaches, grapes and plums, and all ship¬ 
pers and dealers in the same, shall mark or cause to be marked in a 
plain manner on the outside, otherwise than the bottom, of such baskets 
or packages, the capacity of each basket or package in pounds at the 
rate of one pound for each forty-three and eight-thousandths cubic 
inches of space contained in such basket or package. [4909, Sec. 1 of 
Act.] 

Penalty for violation: Any manufacturer of or dealer in peach 
baskets, or other fruit packages designed for the shipment of peaches, 
grapes and plums, who shall sell or offer to sell such baskets or pack¬ 
ages without complying with the provisions of this act, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof in any court of 
competent jurisdiction, shall be fined not less than twenty-five dollars 
nor more than one hundred dollars, and stand committed to the county 
jail until such fine and costs are paid. [4910, Sec. 2 of Act.] 

Weights, and Measures of Certain Cereal Products, Etc. 

[From Public Act No. 208 approved June 1, 1909.] 

When mill products of wheat, corn, rye, or buckwheat, known as 
flour, grits, meal or compounds of the same, are placed or packed in 
barrels, fractional parts of a barrel or sacks to be sold or billed to any 
person or persons within this state, the standard weight or measure of 
a barrel or the fractional part thereof shall be as follows, viz: 

One hundred and ninety-six pounds for a barrel; 

Ninety eight pounds for one-half barrel; 

Forty-nine pounds for one-quarter barrel; 

Twenty-four and one-half pounds for one-eighth barrel; 

Twelve and one-fourth pounds for one-sixteenth barrel; 

Six and one-eighth. pounds for one-thirty^second barrel. 

The full and correct weights to be placed on barrel, etc. 


CHAPTER 33. 
Wills. 


Who may devise lands; lands not disposed of by will: Every 

person of full age and sound mind being seized in his own right of any 

lands or of any right thereto, or entitled to any interest therein der 

scendable to his heirs, may devise and dispose of the same by his last 

will and testament in writing, and all such estate not disposed of by the 
will, shall descend as the estate of an intestate, being chargeable in 
both cases with the payments of all his debts. [9262.] 

Construction of devise: Every devise of land in any will here¬ 
after made shall be construed to convey all the estate of the devisor 
therein which lie could lawfully devise, unless it shall clearly appear by 
the will that the devisor intended to convey a less estate. [9263] 

Estate in lands acquired after making will: Any estate, right 
or interest in lands acquired by the testator after the making of his will, 
s'hall pass thereby in like manner as if possessed at the time of making 
the will, if such shall manifestly appear by the will to have been the 
intention of the testator. [9264.] 

Who may bequeath personal estate: Every person of full age 
and souncU mind, may, by his last will and testament, in writing, be¬ 
queath and dispose of all his personal estate remaining at his decease, 
and all his rights thereto, and interest therein, and all such estate, > not 
disposed of by the will, shall be administered as intestate estate. .[9265.] 
How wills to be executed: No will made within this state 
except such nun-cupative wills as are mentioned in the following sec¬ 
tion, shall be effectual to pass any estate, whether real or personal, nor 
to charge or in any way affect the same; unless it be in writing, and 
signed by the testator, or by some person in his presence, and by his 
express direction, and attested and subscribed in the presence of the 
testator by two or more competent witnesses; and if the witnesses are 
competent at the time of attesting the execution of the will, their sub¬ 
sequent incompetency, from whatever cause it may arise, shall not pre¬ 
vent the probate and allowance of the will, if it be otherwise satisfactorily 
proved. [9266.] 

Nuncupative wills: Nothing contained herein shall affect the 
validity of a nuncupative will, in which the value of the estate be¬ 
queathed shall not exceed three hundred dollars, provided the same shall 
be proved by two competent witnesses; nor to prevent any soldier, being 
in actual military service, nor any mariner, being on ship-board, from 
disposing of his wages and other personal estate by nuncupative will, as 
he might heretofore have done. [9267.] 

271 


272 


MICHIGAN FARM LAWS. 


When legacy, etc., to subscribing witness void: All beneficial 

devices, legacies and gifts whatsoever, made or given in any will to a 
subscribing witness thereto, shall be wholly void, unless there be two 
other competent subscribing witnesses to the same; but a mere charge 
on the lands of the devisor for the payment of debts, shall not prevent 
his creditors from being competent witnesses to his will. [9268.] 

When share of estate to be saved to subscribing witness: But 
if such witness to whom any beneficial devise may have been made or 
given, would have been entitled to any share of the estate of the testator, 
in case the will was. not established, then so much of the share that 
would have descended or been distributed to such witness as will not 
exceed th'e devise or bequest made to him in the will, shall be savecl 
to him, and he may recover the same of the devises or legatees named in 
the will, in proportion to, and out of the parts devised or bequeathed to 
them. [9269.] 

Revocation of wills: No will nor any part thereof shall be re¬ 
voked, unless by burning, tearing, canceling or obliterating the same, with 
the intention of revoking it, by the testator, or by some person in his 
presence and by his direction; or by some other will or codicil in ( 
writing, executed as prescribed in this chapter; or by some other writing, 
signed, attested and subscribed in the manner provided in this chapter 
for the execution of a will; excepting only that nothing contained in 
this section shall prevent the revocation implied by law from subsequent 
changes in the condition or circumstances of the testator. [9273.] 

Others having custody of will to deliver same within thirty days: 
Every person other than the judge of probate, having the custody of 
any will, shall, within thirty days after he has knowledge of the death 
of the testator, deliver the same into the probate court, which has 
jurisdiction of the case, or to the person named, in the will as executor. 
[9274.] 

Within what time executor to present will to probate court: 

Every person named as executor in any will, shall, within thirty days 
after the death of the testator, or within thirty days after he has 
knowledge that he is named executor, if he obtains such knowledge after 
the death of the testator, present such will to the probate court which 
has jurisdiction of the case, unless the will shall have been otherwise 
deposited with the judge of probate; and shall, within "the period above 
mentioned, signify to the court his acceptance of the trust, or make 
known in writing to such court his refusal to accept it. [9275.] 

Liability for neglect of duties in certain cases: Every person 
who shall neglect to perform any of the duties required in the two last 
preceding sections, without reasonable cause, shall be liable to each and 
every person interested in such will, in the sum of ten dollars damages 
for each and every month he shall so neglect, after the thirty days above 
mentioned, to be recovered in an action on the case, with cost. [9276.] 
When person having custody of will may be committed for neg- 


WILLS. 


273 : 


lect to deliver same to probate court: If any person, having the 
custody of any will, after the death of the testator, shall, without 
reasonable cause, neglect to deliver the same to the probate court hav¬ 
ing jurisdiction of it, after he shall have been duly notified by such court, 
for that purpose, he may be committed to the jail of the county, by 
warrant issued by such court, and there be kept in close confinement until 
he shall deliver the will as above directed. [9277.] 

When probate may be granted on testimony of one witness: If 
no person shall appear to contest the probate of a will at the time 
appointed* for that purpose, the court may, in its discretion, grant probate 
thereof, on the testimony of one of the subscribing witnesses only, if 
such witness shall testify that such will was executed in all the par¬ 
ticulars as required in this chapter, and that the testator was of a sound 
mind at the time of the execution thereof. [9279.] 

When other witnesses may be admitted to prove will: If none 
of the subscribing witnesses shall reside in this state, at the time ap¬ 
pointed for proving the will, the court may, in its discretion, admit the 
testimony of other witnesses to prove the sanity of the testator and 
the execution of the will, and, as evidence of the execution of the 
will, may admit proof of the handwriting of the testator and of the 
subscribing witnesses. [9280.] 

Effect of proof and allowance of will in probate court: No will 

shall be effectual to pass either real or personal estate, unless it shall 
have been duly proved and allowed in the probate court as provided 
in this chapter, or on appeal, in the circuit court or supreme court; and 
the probate of a will of real or personal estate, as above mentioned, shall 
be conclusive as to- its due execution. [9281.] 

Provision for children born after making of will: When any child 
shall be born after the making of his father’s will, and no provision shall 
be made therein for him, such child shall have the same share in the 
estate of the testator as. if he had died intestate; and the share of such 
child shall be assigned to him as provided by law in case of intestate 
estates, unless it shall be apparent from the will that it was the intention 
of the testator that no provision should be made for such child. [9285.] 
When provision for child omitted by mistake, etc.: When any 
testator shall omit to provide in his will for any of his children, or for 
the issue of any deceased child, and it shall appear that such omission’, 
was not intentional, but was made by mistake or accident, such child,, 
or the issue of such child, shall have the same share in the estate of" 
the testator as if he had died intestate, to be assigned as provided in: 
the preceding section. [9286.] 

From what estate provision to be taken: When any share of 
the estate of a testator shall be assigned to a child born after the making 
of a will, or to a child, or the issue of a child omitted in the will, 
as hereinbefore mentioned, the same shall first be taken from the estate. 

18 m F L 


274 


MICHIGAN FARM LAWS. 


not disposed of by the will, if any; if that shall not be sufficient, so 
much as shall be necessary shall be taken from all the devisees or legatees, 
in proportion to the value of the estate they may respectively receive 
under the will, unless the obvious intention of the testator, in relation 
to some specific devise or bequest, or other provision in the will would 
thereby be defeated; in which case, such specific devise, legacy or 
provision may be exempted from such apportionment, and a different 
apportionment may be adopted, in the discretion of the probate court. 
[9287.] 

When the issue of deceased legatee, etc., to take estate: When 
a devise or legacy shall be made to any child or other relatio’n of the 
testator, and the devisee or legatee shall die before the testator, leav¬ 
ing issue who shall survive the testator, such issue shall take the estate 
so' given by the will, in the same manner as the devisee or legatee would 
have done, if he had survived the testator, unless a different disposition 
shall be made or directed by the will. [9288.] 

Estate of testator liable for payment of debts, etc.; allowance 
for maintenance of widow, etc.: All the estate of the testator, real 
and personal, shall be liable to be disposed of for the payment of his 
debts, and the expenses of administering his estate, and the probate 

• court may make such reasonable allowance as may be judged necessary 
for the expenses of the maintenance of the widow and minor children, 

• or either, constituting the family of the testator, out of his personal 
estate, or the income of his real estate, during the progress of the settle¬ 
ment of the estate, but never for a longer period than until their shares 
in the estate shall be assigned to them. [9289.] 

When provision insufficient, etc.: If the provision made by the 
will, or the estate appropriated, shall not be sufficient to pay the debts, 
expenses of administration, and family expenses, such part of the estate, 
real or personal, as shall not have been disposed of by the will, if any, 
shall be appropriated according to the provisions of the law for that 
purpose. [9291.] 

Estate given by will, liable to payment of debts, etc.; when cer¬ 
tain devises, etc., to be exempted: The estate, real or personal, 
given by will to any devisees or legatees, shall be held liable to the 
payment of the debts, expenses of administration, and family expenses, 
in proportion to the amount of the’ several devises or legacies, except 
that specific devices and legacies, and the persons to whom they shall 
be made, may be exempted, if it shall appear to the court necessary, in 
order to carry into effect the intention of the testator, if there shall be 
other sufficient estate. [9292.] 

Estates given by will, and liable for payment of debts, may 
be retained by executor until assigned: When the estate given by 
any will shall be liable for the payment of debts and expenses, as men¬ 
tioned in the preceding section, or is laible to be taken to make up the 
share of a child born after the execution of the will, or of a child, or 


WILLS. 


275 


of the issue of a child not provided for in the will as hereinbefore pro¬ 
vided, the executor shall have a right to retain possession of the same, 
until such liability shall be settled by order of the probate court, and 
until the devises and legacies so liable shall be accordingly assigned 
by order of such court; and when the same can properly be done, any 
devisee, or legatee, may make his claim to such court, to have such 
liability settled, and his devise or legacy assigned to him. [9293.] 

Wheft devisee or legatee to hold subject to liability to contribute, 
etc.: All the devisees and legatee*s, who shall, with the consent of 
the executor or otherwise, have possession of the estate given to them 
by will before such liability shall be settled by the probate court, shall hold 
the same subject to the several liabilities mentioned in the preceding 
section, and sHall be held to contribute according to their respective 
liabilities to the executor, or to any devisee or legatee from whom the 
estate devised to him may have been takn for the payment of debts or 
expenses, or to make up the share‘of a child born after the making of 
the will, or of a child or the issue of a child omitted in the will; and 
the persons who may, as heirs, have received the estate not disposed of 
by the will as provided in this chapter, shall be liable to contribute, in 
like manner as the devisees or legatees. [9294.] 

Limitations as to deposition of personal property by will: All 
dispositions of personal property by last will and testament shall be 
subject to the following limitations and restrictions: 

First, If the testator shall leave surviving him, a wife, the testa¬ 
mentary disposition shall be subject to the election of such wife, to take 
any interest that may be given to her, by the testator in his last will 
and testament ; or in lieu thereof, to take the sum or share that would 
have passed to her, under the statute of distribution, had the testator 
died intestate, until the sum shall amount to five thousand dollars, and of 
the residue of the estate one-half the sum or share that would have 
passed to her, under the statute of distributions, had the testator died 
intestate, and in case no provision be made for her in said will, she 
shall be entitled to the election aforesaid; 

Second, If by any will, any special devise or bequest is made to the 
wife in lieu of any particular thing or any particular interest, to which 
such wife might be entitled, in case of intestacy, the election by the 
wife to take the special devise or bequest, or the other particular thing 
or interest, in lieu of which it is given, shall not deprive the party 
electing, or any other person, of the right to leave the testamentary dis¬ 
position of property in all other respects unaffected and unimpaired; and 
to have the benefit of any other provisions therein, the same as he or 
she would have had, if this act had not been passed. [9300.] 

Election to take, to be in writing, and filed in court: The elec¬ 
tion to take otherwise than under the will, in any 'contingency above 
contemplated, shall be made in writing, and filed in the court in which 


276 


MICHIGAN FARM LAWS. 


proceedings for the settlement of the estate are being taken, within one 
year from the probate of the will; and the failure to file such election 
within the time above provided shall be deemed an election to take under 
the will. [9301.] 

For form of Wills see chapter on “Business Forms.” 




4 


* 



CHAPTER 34. 
Business Forms. 


I. Agreements — Contracts. 

II. Affidavit. 

III. Assignment. 

IV. Bill of Sale. 

V. Bonds. 

VI. Bank Checks. , 

VII. Drafts. 

VIII. Deeds, Mortgages and Leases. 

IX. Guaranty. 

X. Indorsements. 

XI. Orders. 

XII. Promissory Notes. 

XIII. Receipts. 

XIV. Wills. 

I. AGREEMENTS. 

General Form of Agreement for Ordinary Purposes. 

Articles of agreement made and entered into this.day of 

.in the year 190.., by and between A B, party of the first 

part, and C D, party of the second part, witnesseth: 

The said party of the first part doth hereby covenant and agree 
with the said party of the second part to do and perform the matters 
and things following, to-wit: (Here state what the party of the hrst 
part is to do and perform). 

And the said party of the second part doth hereby covenant and 
agree with the said party of the first part in consideration of the agree¬ 
ment and stipulations above made and to be performed, that he will, 
upon the performance of said agreement by said party of the first part, 
(j Here state what the second party is to do or pay, and if to pay, state 
when and in what manner and amounts). 

In witness whereof, the said parties have hereunto set their hands 
the day and the year first above written. 

A. B. 

C. D. 

Another General Form of Agreement. 

WITH DAMAGES STIPULATED FOR NON-PERFORMANCE. 

This agreement, made this.day of..A. D. 

by and between.of.of the first part, and. 

of.of the second part. 


277 











278 


MICHIGAN FARM LAWS. 


Witnesseth, The said part....of the .part covenant and agree 

to and with the part... .of the.part ( Here state what party of first 

part agrees to do.) 

And the said part....of the.part covenant and agree to pay 

unto the said part... .of the.part, for the same, the sum of. 

.Dollars, lawful money of the United States, as follows: ( Here 

state manner of payment by party of the second part.) with interest at 
the rate of.per cent, per annum. 

And for the true and faithful performance of all and every of the 
covenants and agreements above mentioned, the parties to these presents 

bind themselves, each unto the other, in the penal sum of.Dollars, 

as fixed and settled damages to be paid by the failing party. 

In witness whereof, the parties to these presents have hereunto 
set their hands and seals the day and year first above written. 

Signed, sealed and delivered 

in the presence of 

----[l. s.] 

- -[l. s.] 

Agreement for Employing Farm Laborer. 

This agreement made and entered into this.day of 

.in the year 190.'., by and between A B and C D, 

witnesseth: 

The said A B hereby agrees to work faithfully for the said C D 
as a general laborer on the farm of said C D and to perform other 


labors in connection therewith for the period of.consecutive 

months, beginning on the.day of..., 190.., for the 

sum of dollars ($-.) 


In consideration of said services to be performed, ~ by said A B, 
the said C D hereby binds himself to pay the said A B the sum of 

.dollars ($-.) in monthly installments of. 

dollars ($-) each, at the end of each month of services performed 

under this agreement. 

In witness whereof, the parties have hereunto set their hands the day 


and date first above written. 

Witnesses: A. B. 

C. D. 

Another Form for Same. 

This agreement made and entered into this.day of. 


190. ., by and between A B of., party of the first part, 

and C D of., party of the second part, witnesseth*: 

The said party of the first part has this day agreed to enter into 
the service of said party of the second part, in the capacity of a general 




























BUSINESS FORMS. 


279 


farm laborer, for a period of.months beginning on the. 

day of!., 190. for the sum of.dollars ($_) 

and other considerations as the same are payable and set forth herein 
below. 

The said party of the second part hereby agrees to take said party 
of the first part -fftto service in said capacity and pay him therefor, the 

said sum of...:.dollars ($....) in monthly installments of 

.dollars ($-) at the end of each and every month of 

service performed until said term of service is completed. And the said 
party of the second part agrees, as further consideration for said service 
to be performed, to give the said party of the first part, boarding, lodg¬ 
ing, washing, mending and all ordinary home conveniences (protracted 
sickness and expenses thereof excepted) at the dwelling house of said 
party of the second part, throughout said term of service. 

It is hereby mutually agreed by and between said parties that 
twenty-six days’ service shall constitute one month, and that said party 
of the first part shall be allowed for all time, present, (excepting Sun¬ 
days) from the beginning of said term, excepting such days, if any, when 
he shall not work on account of ill health, etc. It is further and finally 
agreed by and between said parties, that either of said parties may 

terminate this agreement upon.days’ notice to the other and 

performance of the terms hereof until the expiration of said notice. 

In witness whereof, the parties have hereunto set their hands on 
the day and date above written. 

A. B. 

C. D. 

Employee’s Contract. 

GENERAL FORM. 

Agreement, made between.of.of the first part,. 

and.of.of the second part. 

Witnesseth, that said first part., hereby.hire, .and employ.. 

said second party in. .business at.in the capacity of. 

and agree, .to pay said second party, during the time that, .he shall remain 

in such employment,.dollars per week, all upon the terms and 

conditions of this agreement. 

Said second party hereby agrees to and with said said first part.., 
that he will devote h....entire time, skill, labor and attention to said 
employment, during the time for which..he may be so employed, at the 
wages aforesaid. 

It is expressly provided and agreed between the parties hereto, that 

said first part.. may, at.election,.terminate said employment, 

at any time.upon payment to said second party the amount that 

may be coming to h. .. ., at the rate aforesaid, on the evening of the day 
of h. .'. .actual discharge. 



















280 


MICHIGAN FARM LAWS. 


Of the cause for discharge said first part, .shall be the sole judge... 
Any agreement or arrangement by which the said second party has 
been heretofore employed by said fisrt party is, in further consideration 
of the premises, cancelled, released and discharged at this date. 

Dated the.day of.A. D. 

-[l. s.] 

---[l. s.] 


Agreement for Work and Labor of Any Kind. 

This agreement made and entered into this.day of. 

in the year 190.., by and between A B of.. party of 

the first part, and C D of., party of the second part, 

witnesseth: 

The said party of the first part doth hereby covenant and agree 
with the said party of the second part to work and labor faithfully 

for the said party of the second part for the term of.months, 

commencing on the.day of. ...., in the year 190.., 

in business of., and perform such other services and 

labor as the said party of the second part may reasonably require. 

The said party of the second part hereby agrees to pay the said 

party of the first part for said term of service at the rate of. 

dollars ($....) per month, in the following manner: 

{Here state times and conditions of payment .) 

It is hereby agreed further between said parties that either of them 
may put an end to this agreement and cease the relation of employer 
and employee, by giving the other.days’- notice, verbal or other¬ 

wise of such intention; but in such case the said party of the second 
part shall pay the said party of the first part for the time he may 
have worked at the rate above fixed. 

In witness whereof, the said parties have hereunto set their hands 
the day and year above written. 

A. B. 

C. D. 

Agreement with Farm-house Tenant and Laborer. 

This agreement, witnesseth: That John Temple has this day be¬ 
come the house-tenant of James Squires by moving into the South house 
on said Squires’ farm, for the use and rental of which house said Temple 
agrees to pay the sum of four dollars per month, all of which rental 
said Squires agrees to accept in the labor of said Temple, at the rate of 
One and one-half Dollars ($1.50) for each day’s service rendered, and 
the said Temple agrees to give the said Squires first refusal of his 
service during harvesting season. And this agreement shall remain m 
effect until either of said parties shall terminate the same by giving 
the other sixty days’ notice of such intention. 















BUSINESS FORMS. 


281 


In witness whereof, the said parties have set their hands hereunto, 
on the 1st day of April, 1908. 

James Squires. 

John Temple. 

Cultivation of Field for Share of Crop. 

This agreement made and entered into, this.day of. 

190.., by and between A B of., party of the first part, and 

C D of., party of the second part, witnesseth: 

Said party of the first part has this day let unto said party of the 
second part, a certain twenty acre field to be planted and cultivated in 

corn this season, the rental rendered therefor to be the.part 

of the crop raised on said field. 

Said party -of the second part agrees to furnish the seed and plant 
said field in corn, and cultivate the same in a good and proper manner, 
and to deliver and put in the cribs of said party of the first, part, the 

.part of the crop raised on said field as rental therefor. One- 

half of the stocks are to be allowed to remain standing for the use 

and benefit of said party of the first part, and the said party of the 

second part may cut and remove the other half thereof for his own use 
and benefit, but shall not pasture the same in the ground. And said party 
of the second part agrees to put forth all reasonable efforts to have all 
of said corn husked and cribbed and his fodder removed on or before 
December 15, next ensuing. 

In witness whereof, said parties have hereunto set their hands on 
the day and year first above written. 

A. B. 

C. D. 

Contract for the Sale of Live Stock, Grain, Etc. 

This agreement made this.day of. 

in the year 190.., by and between A B, of.and C D, 

of.witnesseth: 

The said A B, for the consideration hereinafter mentioned, hereby 

sells and agrees to deliver on or about the...day of 

.next, to the said C D, at. 

the following: ( Here describe the stock, or grain as the case may be, 
stating number of head, etc., or bushels and quality, etc.) 

In consideration for the above ( say grain or stock ) the said C D 
hereby agrees to pay to the said A B for the same, on delivery, at the 
rate of (Here state number of dollars, price per hundred weight, or 
price per bushel, as the case may be.) 

In witness whereof, the parties have hereunto set their hands and 
seal the day and year above written. A. B. 

C. D. 















282 


MICHIGAN FARM LAWS. 


Agreement for Building and Maintaining Line Fence. 

Marshall, Michigan, March 30th, 1908. 

We, John Milford and George Swisher, being owners of adjoining 
lands in Clinton township, Calhoun county, Michigan, hereby agree, for 
the improvement of our respective properties, to remove the line fence 
which has heretofore existed between our said lands, and instead thereof, 
erect a fence of wires and iron posts. Said Milford agrees to erect and 
maintain the east half end of said fence, and said Swisher agrees to erect 
and maintain the west half end of said fence, the said fence to consist 
of seven strands of No. 8 wire, and posts five feet above the ground and 
twenty feet apart with stay-slats midway between the posts, and a light 
guard-board painted white to be hung to the top wire the whole length of 
said fence. The erection of said fence to be completed on or before 
May 1st, 1908. 

John Milford. 

George Swisher. 

Agreement for the Opening and Maintenance of a Private Road. 

Agreement made and entered into this first day of February, 1908,. 

by and between A B, of.. party of the first part, and 

C D, of... .. party of the second part, witnesseth: 

Whereas, said parties are owners of adjoining lands between and 
along the common boundary line of which land both of said parties 
desire to make a road for use and convenience of themselves and their 
tenants in going in and out to the turnpike, therefore, said parties mu¬ 
tually agree as follows, to-wit: 

That each of said parties will contribute for the opening of such 
road, a strip of land along said boundary line, ten (10) feet wide for 
a distance of one hundred and twenty (120) rods back from said 

.turnpike, and that each of said parties will erect and 

maintain at his own expense, a good and sufficient fence along his own 
side of said road, made by the joining of said strips of land, and that 
said road shall remain for the joint use of both of said parties and 
their tenants until such time as said parties may mutually agree in 
writing to its discontinuance; that said road shall be opened and fenced 
in the month of April, 1908. 

In witness whereof, said parties have hereunto set their hands on 
the day and year first above written. 


A. B. 
C. D. 





BUSINESS FORMS. 


283 


Agreement for Joint Tile Underdrain. 

Agreement made and entered into this 25th day of March, 1908, by 

and between H. L. Martin of- : —, Michigan, and John Keenan of 

the same place, witnesseth: » 

Whereas, the said H. L. Martin is desirous of draining a portion of 
his land by carrying the water to the Maridam Road ditch through a tile 
underdrain across the land of the said John Keenan, and whereas, the 
said John Keenan will also be benefitted by such under drain, there¬ 
fore, said parties agree as follows, to-wit: 

That said Martin may put in a tile underdrain across the land of 
said Keenan, said Martin to do all opening and filling of the ditch and 
furnish one-half of the tile used in crossing said Keenan’s land, and 
said Keenan to furnish the other one-half of the tile used in crossing 
his own land. Said parties mutually agree that the tile used in said 
underdrain shall be hard-burned and six inches in diameter, and that 
each of said parties will have his portion of said tile on the ground 
ready for use by March 1st, 1908, and that the said Martin shall begin 
work on said underdrain on that date or as soon thereafter as the 
frost shall have left the ground, and shall prosecute the work without 
unnecessary delay until the said underdrain is completed. 

If at any time in the future said parties shall mutually agree to 
discontinue said drain and said tile shall be taken up, then each party 
shall have one-half of the tile, providing he shall take them up at his 
own expense, but said underdrain shall not be interfered with nor 
taken up without the consent of both parties. All repairs of said drain 
shall be made by said Martin at his own expense, and said Martin shall 
have the right to enter upon the lands of said Keenan for the purpose 
of making repairs to said drain when the same are needed, or to take up 
his share of the said tile in case of abandonment of said underdrain. 

H. L. Martin, 

John Keenan. 

Agreement for Private Crossing on Land of Another. 

Cairo, Michigan, May 1st, 1908. 

In consideration of the sum of ten dollars ($10.00) to me paid, the 
receipt of which sum I hereby acknowledge, I hereby give and grant to 
Wm. Wilkinson the right to cross my land on a direct line west from 
his present wagon gate to the river turnpike for the period of one year 
from this date, the width of said way not to exceed twenty (20) feet, 
and the said Wm. Wilkinson to erect and. maintain a gate at the said 
turnpike; and I further give and grant unto the said Wm. Wilkinson 
the right to use said way while I am the owner of said land, so long 



284 


MICHIGAN FARM LAWS. 


as lie shall on the first day of each January hereafter make me a pay¬ 
ment of ten dollars in advance. 

In witness whereof, I have hereunto set my hand on the day and 
year first above written. 

John Cartwright. 

Agreement for Sale of Standing Timber. 

This agreement made and entered into this.day of 

., 190.., by and between A B, of. 

as vendor, for himself, his heirs, executors, and administrators, and C D 


of.as purchaser for himself, his executors and 

administrators. 

The said vendor in consideration of the sum of. 

dollars ($.), to be paid to him by the said purchaser, and of 


the agreement hereinafter contained, on the part of the said purchaser, 
does hereby sell unto the said purchaser all the timber and other trees 
standing, growing, and being on a certain tract of land situate in the 

township of.county of.state of. 

.and bounded and described as follows, to-wit: 

(Here give the description of the land by metes and bounds, if the 
same has been surveyed separately; if not surveyed, then describe it 
as so many acres located on a certain portion of the farm or tract, giving 
such distances, marks, etc., etc., as may be desirable to make the de¬ 
scription reasonably certain and satisfactory to both parties ), and said 
vendor hereby assures and grants to said purchaser, free and full license 
and authority to enter upon said land with his servants and teams, and 
cut and work up said timber in such manner as he may desire, and to 
remove the same at such time as said purchaser may desire, provided, 
that all of said timber shall be cut and removed on or before the 
.day of.190.. 

The said purchaser hereby agrees to pay the said sum of. 

.dollars ($.) for said timber, . 

($.) dollars of which said purchaser has this day paid. The 

remainder, of.dollars ($.), it is mu¬ 

tually agreed shall be paid as follows: 

(Here state the conditions of further payment.) 

Said purchaser further agrees not to commit waste or damage on 
other lands, or to the fences of said vendor, and should such occur, 
said purchaser agrees to compensate said vendor therefor, at the time 
of the payment period next after such damage is incurred. 

In witness whereof, the said parties have hereunto set their hands on 
the day and date first above written. 


A. B. 
C. D. 






















BUSINESS FORMS. 


285 


Another Form. 

BILL OF SALE OF TIMBER. 

Received* on the .day of.. A. D. 190.., from 

( Here write name of purchaser ).Dollars, in consideration of 

which.hereby sell and convey to said ( Name of purchaser ) so much 

of the timber ( Describe timber sold here ) now standing, growing or being 

on the following described land, in-County, State of Michigan, to-wit: 

( Here describe location of the land upon which timber stands ) as.. 

shall remove therefrom prior to the.day of.. A. D. 190.. 

hereby giving said ( Name of purchaser) permission to enter upon said 

land and cut and remove said.timber up to ( Same date as last 

mentioned ) A. D. 190.., but not thereafter, and all.timber, or 

material made therefrom, remaining on said land after that date shall be 
and remain.property. 

It is a condition of this sale that the said {Name of purchaser or 
seller, whoever is to pay the taxes) shall pay all taxes on the above de¬ 
scribed lands. 

It is distinctly understood that no timber other than {Describe timber 
to be removed) on the above described lands shall be cut, removed or 
destroyed. 

{Name of seller.) 


Agreement for Sale of Timber Lands. 

This agreement, made this.day of.A. D. 

one thousand nine hundred and., between. of 

the first part, and...of the second part,. 

Witnesseth, that the part, .of the first part, at the request of the part.. 
of the second part, and in consideration of the money to be paid and the 
covenants as herein expressed to be performed by the part, .of the second 

part, hereby agree, .to sell to the part, .of the scond part, all. 

certain lot. .and parcel, .of land situate in the township of {name of town¬ 
ship), in the County of {name of county), State of Michigan, known and 
distinguished as follows, to-wit: {Here give a description of the land 
to be conveyed) with all the privileges and appurtenances thereunto be¬ 
longing, and to convey to said part, .of the second part,.by a good and 

sufficient deed in law, free from encumbrance, the above described tract.. 
of land, upon the full performance by the part, .of the second part of the 
following conditions but not otherwise: 

That is to say, First — That the part, .of the second part hereby 
agree..to pay therefor the sum of.dollars, of which sum 






















286 


MICHIGAN FARM LAWS. 


.dollars is now paid to the part, .of the first part, the 

receipt of which is hereby acknowledged; and further agree. . to pay the 

remainder in accordance with the tenor of.certain promissory 

notes given by the part, .of the second part to the part, .of the first part, 

and bearing even date herewith, with interest at the rate of.per 

cent, per annum on the amount unpaid, payable....annually, to-wit: 

One note for ( Here describe notes and times of payment.) 

But it is hereby agreed, that in case of default being made by said 
part, .of the second part in any portion of the payments above mentioned, 
then all such payments, or portions thereof, so in default • shall draw 
interest after maturity at the rate of seven per cent, per annum, payable 
semi-annually; all of said payments are to be made to the part, .of the 
first part, or to.authorized agent, at... 

Second — That the part. . of the second part shall, from time to time, 
and in due season, pay all the legal taxes which may hereafter become 
due on said premises; and in case there shall be on the first day of April 
in any year any taxes due and unpaid on said land, and the part, .of the 
first part shall pay said taxes, the said 1 part.,.of the second part hereby 
agree. . to refund, on or before the delivery of the deed, the taxes that may 

be so paid, with interest, together with.dollars annually 

as compensation to the part, .of the first part for attending to such pay¬ 
ment. 

That the part, .'of the second part shall pay each and every of the 
said promissory notes at the time they severally become due and payable, 
according to the tenor and effect thereof. And it is expressly stipulated 
and agreed that the time of the payment of said notes is of the essence 
of this agreement, and that if default in the payment of either of said 
notes at maturity shall be made, the said part, .of the first part may, at 

.option, at any time after the happening of such default and 

before receiving another payment, declare a forfeiture of the rights of 
the part, .of the second part, under this agreement, either by notice to 
be given to the part, .of the second part, or to any person who may be 
found in the possession or occupancy of said premises, or any part thereof, 
or by written notice to be deposited in any post office directed to the said 

part, .of the second part, at.in the County of. 

and State of.and .thirty days after the time of giving or 

mailing such notice, all the rights of the part, .of the second part under 
this agreement either at law or in equity, shall wholly and forever cease 

and determine (unless...,. shall within said thirty days have paid all 

arrears that may then be due), and thereupon such of said notes as re¬ 
main unpaid, shall (excepting as is hereinafter provided) be void, and 
shall be delivered up to the part... of the second part on demand made by 

.therefore, at the office of the part.. of the first part, 

in.where the same are made payable; but the part., of the 
















BUSINESS FORMS. 


287 


first part shall not be bound to refund any moneys which may been paid 
upon this agreement, or upon said notes. 

Fourth—That the said part, .of the second part shall not cut, or per¬ 
mit to be cut or carried away from said premises, any timber, wood or 
other material without the consent in writing of the part, .of the first 
part thereto being first had and obtained. 

And if the part, .of the second part shall cut, or permit to be cut, any 
timber or wood upon said premises, or remove, or permit to be removed 
or carried away therefrom, any material, without the consent in writing 
of the part. . of the first part obtained as aforesaid, such act shall be deemed 

and taken to be a surrender of this agreement by.and. 

shall henceforth and forever absolutely forfeit all claim to deed of said 

land, and every part thereof, and to all improvements which.may 

have been made thereon, and the part.. of the first part shall thereupon 
be wholly released, absolved and discharged from all liability or obliga¬ 
tion to make the conveyance aforesaid, or to refund any of the moneys 
which may have been paid upon this agreement, or upon said notes; but 
said part., of the first part shall be at liberty, and shall have full right 
to grant, bargain, sell and convey said premises, and every part thereof 
to any other person or persons, wholly released and discharged from all 
right and interest, claim and demand of the part. . of the second part 
therein and thereto, the same as though this agreement had not been 
made. 

And if the part. . of the second part shall be or remain in the pos¬ 
session or occupancy of any portion of the above bargained premises after 
a violation of this agreement by the cutting of timber or wood thereon, 
or by the removal of materials therefrom, or after default in the pay¬ 
ment of the said notes at maturity, or in any other of its conditions. 

shall be deemed and taken to be.trespasser. ., and may be 

ejected from and put out of the possession or occupancy of the premises, 
either with or without process of law; and no notice whatever to the part.. 
of the second part shall be necessary to entitle the part.. of the first part 
to enter upon and take possession of said premises, and to sell and convey 
the same to any other person. And further,'it is hereby understood and 
agreed, that in case of a violation of this agreement by the wrongful cut¬ 
ting of timber or wood, or the removing of materials, or any other viola¬ 
tion of this contract as herein mentioned, the part.. of the second part 
shall also be liable to be proceeded against as.. .trespasser. ., in the same 
manner and to the same extent and effect as provided by law in case of 
•trespassers upon pine or other lands. 

Fifth — It is hereby agreed, that this contract shall not, nor shall any 
portion or interest therein, be sold or assigned without the written con¬ 
sent of the part. . of the first part. 

All the obligations, stipulations and conditions herein contained are 






288 


MICHIGAN FARM LAWS. 


hereby declared to extend to, and be binding upon, the legal representa¬ 
tives and assigns of the parties respectively making the same. 

In witness whereof, the said parties hereto have affixed their hands 

and seals at.to this, together with one other contract 

of like tenor, on the day and year first above written. 

Executed in presence of: 

-[l. s.] 

-[l. s.] 


Contract for Sale of Land. 

(short form.) 

This contract, made this.day of.... .in the year one 

thousand nine hundred and....,. between (Write name of vendor 

or seller here) part.. of the first part, and (Write name of vendee or pur¬ 
chaser here ) part.. of the second part. 

Witnesseth, that the said part. . of the first part, in consideration of 

the sum of......Dollars, to be to.duly paid 

as hereinafter specified, hereby agree.. to sell and convey to the said part.. 
of the second part, all the following described land, situated in the 

. County of.State of.to-wit: 

(Here give a correct description of the land sold and to be conveyed.) for 

the said sum of.Dollars, which the said part.. of the second 

part hereby agree, .to pay to the said part., of the first part, as follows: 
(Here state how payments to be made) with interest on all sums at any 
time unpaid hereon, at the rate of.per cent, per annum, pay¬ 
able...annually. 

Said part.. of the second part also agree, .to pay in due season all 
taxes and assessments, extraordinary as well as ordinary, that shall be 
taxed or assessed on said land, including the taxes thereon for the year 
19. 

It is agreed by the parties hereto, that the said part.. of the first part, 
on receiving payment in full of the said principal and interest at the times 
and in the manner above mentioned, and of all other sums chargeable 

in.favor hereon, shall and will, at.own 

proper cost and expense, execute and deliver to the said part., of the 

second part, a good and sufficient.Deed of said above 

described land, free and clear of and from all liens and incumbrances, 
except such as may have accrued on said land subsequent to the date 
hereof, by or through the acts or negligence of said part.. of the second 
part . 

It is also agreed by the parties hereto, that said part. . of the second 
part shall have possession of said land, under this contract, on the. 






















BUSINESS FORMS. 


289 * 


It is also agreed by the parties hereto, that if the said part., of the 
second part shall fail to perform this contract, or any part of the same, the 
said part.. of the first part shall, immediately after such failure, have the 
right to declare this contract void, and to retain whatever may have been 
paid hereon, and all improvements that may have been made on said land, 
as stipulated damages for non-performance of this Contract, and may con¬ 
sider and treat said part.. of the second part as.tenant, .holding 

over without permission, and may take immediate possession of said land, 
and remove said part.. of the second part therefrom. 

And it is agreed, that the stipulations herein contained are to apply 
to and bind the heirs, executors, administrators and assigns of the respec¬ 
tive parties hereto. 

In witness whereof, the parties hereto have hereunto set their hands, 
and seals, the day and year first above written. 

Signed, sealed and delivered 
in presence of 

-[seal. I 

--— -[seal.] 

- [seal.] 

-[ SEAL. ] 


Notary Public in and for 


Contract for Sale of Land. 

(WITH PROVISION FOR DEED AND MORTGAGE RACK.) 

This contract, made this.day of.in the year 

one thousand nine hundred and., by and between ( Here write 

name of seller.) part.. of the first, and ( Here write name of pur¬ 
chaser.) part.. of the second part. 

Witnesseth, that the said part., of the first part, in consideration of 

the sum of.Dollars, to be to.duly paid as 

hereinafter specified, hereby agree. . to sell and convey to the said part.. 

of the second part, all the following described land, situated in the. 

of..County of.State of. 

to-wit: ( Here give a correct description of land sold and to be con¬ 
veyed) for the said sum of.:.Dollars, which the said part.. 

of the second part hereby agree., to pay to the said part., of the first 
part, as follows: ' (Here state how payment to be made.) and the bal¬ 


ance of.Dollars at the time and in the manner,hereinafter 

mentioned, and agreed upon, with interest on all sums at any time unpaid 

hereon, at the rate of.per cent, per annum payable annually. 

19 M F I, 


I 























MICHIGAN FARM LAWS. 


^90 


It is agreed by the parties hereto, that the said part.. of the first 

part, on receiving payment in full of the said first.installments of 

principal (amounting in all to.Dollars), and the interest 

thereon, at the times and in the manner above mentioned, and all other 
sums chargeable in. .h. .favor hereon, at the time of such payment shall 
and will at . .h. .own proper cost and expense, execute and deliver to 

the said part., of the second part, a good and sufficient.Deed 

■of said above described land, free and clear of and from all liens and in¬ 
cumbrances, except such as may have accrued on said land subsequent to 
the date hereof, by or through the acts or negligence of said part. . of 
r the second part,. 

And it is further agreed by the parties hereto that upon, and at the 
time of, the execution and delivery of such Deed for said land as above 
■provided for, the said part. . of the second part shall for the balance of 

the purchase price for said land, execute and deliver to said part. . of 

the first part,.promissory notes, as follows: one promissory 

note for he sum of.Dollars to fall due.19...., 

..said promissory note, .to bear interest at the rate of. 

per cent, per annum, payable.annually, and which said notes. 

to be secured by a good and sufficient mortgage which is to cover said 
above described land, and which is to be executed and delivered by said 
part. . of the second part to said part. . of the first part at the same time 
as said promissory notes. , 

2 . 

Said part.. of the second part also agree. . to pay in due season all 
taxes and assessments, extraordinary as well as ordinary, that shall be 
taxed or assessed on said land and on this contract, including the taxes 
thereon for the year 19. 

It is also agreed by the parties hereto, that said part. . of the second 
part shall have possession of said land, under this contract, on the. 

It is also agreed by the parties hereto, that if the said part. . of the 
second part shall fail to perform this contract, or any part of the same, 
the said part. . of the first part shall, immediately after such failure, have 
the right to declare this contract void, and to retain whatever may have 
been paid hereon and all improvements that may have been made on said 
land, as stipulated damages for non-performance of this contract, and may 
-consider and treat said part. . of the second part as.tenant. . hold¬ 

ing over without permission and may take immediate possession of said 
land, and remove said part. ..of the second part therefrom. 

And it is agreed, that the stipulations herein contained are to apply 
tto and bind the heirs, executors, administrators and assigns of the 
respective parties hereto. 

In witness whereof, the parties hereto have hereunto set their hands 
.and seals, the day and .year first above written. 

















BUSINESS FORMS. 


291 


Signed, sealed and delivered in presence of 


[seal.] 


-[seal.] 

- [seal.] 

-[ seal. ] 

Acknowledgement, etc. 

Notes: 1 . In the space indicated by figure 1 , insert whenever the fact re¬ 
quires it, the following: “each of.” 

2. In the space indicated by the figure 2. insert whenever desired, the follow- 
and which said Mortgage shall contain what are commonly known as 
Interest, Insurance and Tax Clauses.” 


Contract for Sale of Farm. 

Articles of agreement, made'and concluded this.day of. 

in the year nineteen hundred.by and between ( Name of 

seller.), part., of the first part, and ( Name of buyer.) part., of the 
second part. 

Witnesseth, that the said part.. of the first part, at the request of 
the said part.. of the second part, and in consideration of the money to 
be paid, and the covenants as herein expressed, to be performed by he said 
part., of the second part, hereby‘agree. . to sell and convey to the said 
part... of the second part, all he following described land, situated in 

the.of.County of. 

State of Michigan, to-wit: ( Description of land.) with the privileges 

and appurtenances thereunto belonging. 

And the said part.. of the second part, in consideration of the 

premises, hereby agree, .to purchase said land, and to pay therefor, to 

the said part. . of the first part, the sum of.Dollars 

as follows, viz: 

. .Dollars, on the execution and delivery of 

his agreement, and ( Terms of payment of balance.) with interest at 

the rate of.per cent, per annum, to be paid.annually on 

the whole sum from time to time remaining unpaid. And, also, that. 

will, during the life of this contract, within the time prescribed by law, 
pay or cause to be paid, all taxes and assessments, ordinary and extra¬ 
ordinary, that shall by any lawful authority be taxed or assessed upon 
the said land and appurtenances, and, particularly all taxes which shall 
be assessed upon this contract or upon the contract interest of said 

part. . of the first part, in and to said premises by virtue of this con¬ 
tract, including the taxes for the year 19. .. ; and that the payment by said 
part. . of the second part of such taxes on this contract, or the contract 
interest of said part. . of the first part, shall not, in any case, be consid¬ 
ered and treated as a payment on either the interest or the principal of 
this contract. 

It is mutually covenanted and agreed, by and between the parties 


















MICHIGAN FARM LAWS. 


292 

hereto, that said part.. of the second part shall have possession of said 
land under this contract, on the.day of.in the year nine¬ 
teen hundred. ; and that said part., of the second part, 

during the existence of this contract, shall not remove from the said land 
any buildings, improvements or fixtures, which may have beeq, or may be 
put thereon, and shall not cut or dispose of the timber standing and 
growing on said land, except for buildings which said part., of the sec¬ 
ond part may erect, on said premises, for firewood, or otherwise for 

.own use, and-while clearing off the land for cultivation in the 

ordinary manner, it being the intention of the parties hereto, in the re¬ 
strictions above mentioned, that said part.. of the second part shall not 
impair the value of said land. 

It is further mutually covenanted and agreed, by and between the 
parties hereto, that said part.. of the second part shall not sell, assign 

or transfer this contract, nor.right, title and interest in and to 

the same, to any other person or persons whomsoever, without the written 
consent thereto of said part.. of the first part having been first obtained 
and endorsed hereon. 

The said part, .of the first part hereby covenant.. and agree.. to and 
with said part.. of the second part, that upon the faithful performance by 
the said part, .of the second part, of the covenants as herein expressed, 

on.part to be kept and performed, and upon the payment by 

said part., of the second part of the principal and interest, at the time 
and in the manner hereinbefore specified, the said part. . of the first part 
shall and will, without delay, well and faithfully execute and deliver to 

said part.. of the second part a good and sufficient.Deed, and 

hereby sell and convey to said part.. of the second part.heirs 

and assigns, a good, perfect and unincumbered title, in fee simple, to the 
above described land with the appurtenances thereunto belonging. 

And it is further mutually covenanted and agreed, by and between 
the parties hereto, that if default shall be made by said part.. of the 
second part, in any of the payments of principal and interest, at the time 
or any of the times hereinbefore specified for the payment thereof, aiid 

should the same remain unpaid and in arrears for.days thereafter, 

or in case said part. . of the second part shall fail to keep and perform 
this contract, in any other'respect wherein the same is herein required on 

.part to be kept and performed, said part. . of the first part shall 

immediately thereafter have the right to declare this contract void and 
no longer binding, and all payments which shall then have been made 
hereon or in pursuance hereof shall be absolutely and forever forfeited 
to said part., of the first part, and the said land, with the buildings 
and improvements thereon, shall revert to said part.. of the first part, 
and said part.. of the first part may consider and treat said part. . of the 

second part as.. .tenant, .holding over without permission, and may 

take immediate possession of the said premises, and remove the part.. 













BUSINESS FORMS. 


293 


of the second part therefrom, or at the election of part.. of the 
first part, the covenants herein contained on the part of said part, .of the 
second part to be kept and performed, and th liability of said part.. of 
the second part, under this contract shall continue and remain obligatory 
upon said part— of the second part, and may be enforced, and the said 
consideration money, and every part thereof, with the interest, and any 
unpaid taxes as hereinbefore specified, may be collected by proper pro¬ 
ceedings in law or equity, from said part. . of the second part, and con¬ 
veyance of said premises be made as aforesaid. 

And it is hereby expressly understood and agreed, by and between the 
parties hereto, that time is and shall be deemed and taken as the very 
essence of this contract, and that the covenants and agreements herein 
contained are to apply to and bind the heirs, executors, administrators 
and assigns of the respective parties hereto. , 

In witness whereof, the said parties hereto have hereunto set their 
hands and seals the day and year first above written. 

Signed, sealed and delivered 

in the presence of 

- : -[L. Sj 

- -[ L s ] 

- -[ L . s.] 

-[L.S.] 

Option for Purchase of Land. 

This contract, made this.day of.A. D. 19., 

by and between.part.. of the first part, and.part . 

of the second part. 

Witnesseth, that the said part.. of the first part, in consideration 

of the sum of.Dollars to.in hand paid by said 

part.. of the second part, do.. .hereby agree that... .shall and will at any 

time within.from the date hereof, at the written 

request of the said part.. of the second part, execute and deliver to., 

or to any person or persons as.the said part., of the second 

part shall direct in writing, a good and sufficient Warranty Deed of the 

following described land, situated in the.County of. 

State of Michigan, to-wit: (Here describe land.) for the sum of. 

.dollars, payable as follows: ( Here state manner of payment.) 

And the said part., of the first part do... hereby further agree, that 

.shall not and within.from the date hereof, sell, 

convey, mortgage, or otherwise encumber the said land or any part hereof, 
or do, or permit to be done, any act or deed to diminish or encumber the 
title to said land. 

It is agreed by and between the parties hereto, that if. the said part.. 
of the second part at the expiration of the aforesaid limited time shall 
























294 


MICHIGAN FARM LAWS. 


have declined or omitted to make application for the purchase of said 
land at the price aforesaid, then this instrument shall be void, and the 

above sum of.Dollars so paid as aforesaid. 

shall be forfeited by the said part.. of the second part, and the said part.. 
of the first part shall have the right to retain the same, as and for liquid¬ 
ated damages, and the said part., of the second part shall relinquish to 
said part.. of the first part all claim to the said land, either in law or 

equity, and, also all claim to the said sum of.Dollars, so paid 

as aforesaid, and no claim of the said part.. of the second part under 
this contract shall then be effectual. 

In witness whereof, the said part.ha... .hereunto set 

.hand and seal the day and year first above written. 

Executed in the presence of 

--- ---[seal.] 

- -[seal.] 


My commission empires 


Notary Public in and for 

.County, Michigan. 


Agreement for Exchange or Trade of Farms or Lands. 

Agreement made this.day of... 190. ., by and 

between.of..party of 

the first part, and.of.party 

of the second part; witnesseth: 

Whereas the said party of the first part is the owner in fee simple 
of a certain parcel of land with the buildings thereon, situate in the 

.. of.. State of. 

and bounded and described as follows, to-wit: 


(Here describe premises.) 

And whereas the said party of the second part is the owner in fee 


simple of certain parcels of land situate in the.of 

.State of., and bounded and 

described as follows, to-wit: 


{Here describe premises.) 

And whereas the said parties have agreed to make an exchange 
by way of mutual sale and conveyance of their said respective properties, 
now it is agreed as follows, to-wit: 

That the said party of the first part shall, in consideration of the 
property hereby agreed to be conveyed by the said party of the second part 
to the said party of the first part, and of the sum of money to be paid 


























BUSINESS FORMS. 


295 


by the said party of the second part to the said party of the first part: 
as hereinafter mentioned, sell and convey to the said party of the second 
part, the said described land of the said party of the first part, with the 
buildings thereon, and the appurtenances thereunto belonging, in fee 
simple, and free from all dower and incumbrances. 

That the said party of the second part shall, in consideration of 
the property hereby agreed to be conveyed by the said party of the first 
part to the party of the second part, sell and convey to the said 
party of the first part the said described land of the said party of the 
second part, with the appurtenances hereunto belonging, in fee simple 
and possession, free from all dower and incumbrances, and shall pay 
to the said party of the first part the sum of money hereinafter mentioned. 

The said premises belonging to the said party of the first part being 
considered to be of greater value than the said premises belonging to 

said party of the second part, by the sum of..dollars, the 

said party of the second part shall, upon the execution of said convey¬ 
ance, pay to the said party of the first part the sum of.... 

dollars ($....), the difference in value of the said premises. 


The said exchange shall be completed on the.day of 

.190.., at the office of.. at 


.when each of said parties shall, by good 

and proper deed of general warranty, convey the said premises belonging 
to him unto the other of them, free from all incumbrances. 

Each of said parties shall be entitled to the possession and to the 
receipt of the rents and profits of the premises hereby agreed to be 

conveyed to him from and after the.day of.. 190..,. 

aforesaid. 

If, from any cause whatever, the said prospective conveyances shall 

not be completed on or before the said.day of. 

next, interest at the rate of.per cent, per annum upon the sum 

to be paid for equality of value, as aforesaid, shall be paid by the said 

party of the second part from the said.day of. 

next, until the completion of said conveyances. 

In witness whereof, the said parties have hereunto set their hands, 
the day and year above written. 

--[l. s.J 

-[l. S.L 


Contract for Building House or Barn, Etc. 

Articles of agreement made and entered into this.day of. 

A. D. 190.. 

By and between . of . 

County of. State of Michigan, the part-of the first - 

part, .of. County of. 

State of Michigan, the part.... of the second part. 

























■2 96 


MICHIGAN FARM LAWS. 


Witnesseth, that said part.... of the second part do....hereby 
for.heirs, executors, or administrators, covenant, prom¬ 

ise, and agree that . .he.. shall and will, for the consideration herein¬ 
after named, on or before the . day of .A. D. 190.. 

(Here state what is to be built, and give general description.) 
for* the said part.... of the first part, at ( Where to be built.) ac¬ 
cording to the plans, drawings, details, and specifications made or to be 
made by ( Name of architect, if any) architects, the work to be 

done in a good, sufficient, and workmanlike manner, to the entire satis¬ 
faction of-the said ( Name of owner) and architect, for the sum of 
.dollars. 

It is agreed by the parties hereto that the superintending architect 
shall have full power to reject all material and workmanship, not in 
full accordance with the spirit and meaning of the plans, drawings and 
specifications, which form a part of this contract, and are signed by the 
parties hereto. 

The part.... of the first part do., hereby for .. 

heirs, executors, or administrators, covenant and agree that, in con¬ 
sideration of the covenants and agreements of the said part.... of the 
second part herein contained, being by. .h. .strictly and faithfully kept 
and performed, . .h. ., the said part.... of the first part shall and will 
well and truly pay, or cause to be paid, to the -said part.... of the second 

part, the said sum of . dollars, in the following 

manner to wit: ( State manner of payment, etc.) 

In witness whereof the parties hereto have hereunto set their hands 
.and seals, the day and year first above written. 

In presence of 

- -[seal.] 

- -[seal.] 

Another Form of Agreement for Building House, Etc. 

This agreement made and entered into this first day of May in the 
year 1908, by and between A B, of Critchfield, Michigan, party of the 
first part, and C D, of said village, party of the second part, with refer¬ 
ence to the construction of a certain (dzvelling house or barn, as the case 
may be) for said party of the second part witnesseth: 

First. That the plans and specifications hereto annexed, and marked 
'“A,” and every part and clause thereof, are made a part of this agree¬ 
ment. 

Second. That the said A B, hereby agrees that he will, on or before 
the first day of October, 1908 do, perform, finish and complete, in the 
manner therein stated all work set forth and referred to in said speci¬ 
fications; the work to be commenced, no obstacles not under control 

of either party preventing, on the first day of June, 1908. ( Here state 

■ 












BUSINESS FORMS. 


m 


who is to furnish the materials, delivery, etc.) And the said C D agrees 
to pay said A B for said work as follows: 

(Here state payments.) 

If any alterations to said building should be directed by the said 
C D, such work as said alterations may require, shall be estimated and 
the amount to be paid for the same agreed upon, and all reduced to 
writing, as supplemental to this agreement before said alteration is com¬ 
menced. 

In witness whereof, the parties have hereunto set their hands the day 
and date first above written. A B, 

C D. 


Note: A drawing or plans should be made showing the dimensions of the 
building, of timber, foundation, elevation, etc. If a house, the thickness of th« 
walls, the height of each story, the dimensions of the cellar, rooms, attic, floors, 
windows, stairways, fire-places, grates, clothes-presses, pantries, sinks, plumbing, 
etc., should be shown. There should be specifications of all material, workmanship, 
•etc., etc. 

Agreement to Discharge an Obligation Made During Minority. 

This agreement -made this first day of August, 1908, by and between 

A B, of .. party of the first part, and C D, of 

.party of the second part witnesseth: 

Whereas on the 27th day of May, 1907, said debtor, being then a 
minor, purchased ( Here state what was purchased) of the said creditor, 
for the sum of thirty-eight dollars ($38.00), and having now attained 
his majority, and being desirous of ratifying the purchase, and giving 
full effect to his liability for the payment of such debt, does hereby enter 
into the following agreement, to-wit: 

That in consideration of such purchase and delivery of said ( Here 
state what was purchased) to him as aforesaid, and of the agreement 
on the part of said creditor hereinafter contained, the said debtor, hereby 
expressly acknowledges the said debt to be justly due to the said C D, 
and agrees to pay the same within twelve months from the date hereof, 
together with interest thereon at the rate of six per cent, per annum. 

And the said C D, in consideration of the promise and agreement, 
hereinbefore contained, hereby agrees that he will not sue for or require 
payment of said debt unless default shall be made in payment thereof, 
at the time hereinbefore appointed. 

In witness whereof, the parties have hereunto set their hands the 
day and year above written. A B, 

C D. 




298 


MICHIGAN FARM LAWS. 


II. AFFIDAVIT. 

General Form for Ordinary Purposes. 

State of Michigan, 

. County, ss: 

A B, residing at . and of lawful age, being first 

duly sworn, says: 

(Here state the facts.) 

Further affiant saith not. 

A B. 

Sworn to by the said .A B .and by him 

subscribed in my presence this .day of .. 190.. 


( Official character.) 


Affidavit to Claim. 

State of Michigan, 

... County, ss: 

Before me, the undersigned, a . in and for said 

county, personally appeared A B who made solemn oath that there is 
justly due him on the above claim an itemized statement of which as 
attached hereto, the sum of . dollars ($.), that no pay¬ 

ments have been made thereon, and that there are no offsets against 
the same to his knowledge. 

(Signed) A B. 

Sworn to and subscribed before me this . day of . 

190.. 


(Official character here.) 

Affidavit — Proof of Account. (Another Form). 

State of Michigan, 

. County, ss: 

{Name of person making affidavit) being duly sworn, deposes and 
■says, that he is {If agent or attorney is making affidavit, write his name 

here), the within claimant and makes this affidavit for and in . 

behalf; that the annexed account is correct; that the charges therein 
made are just and reasonable, and that neither the whole nor any part 
thereof has been paid. 

Subscribed and sworn to before me this. day of . 

A. D. 190.... 





















BUSINESS FORMS. 


299 


Another Form of Affidavit to Debt or Account. * 

State of Michigan, 

. County, ss: 

( Name of person jnaking affidavit ) being first duly sworn, deposes 
and says, that he is ( President, Secretary, Cashier, Bookkeeper of the 
company, or of the owner of the account annexed hereto ) that he has 
examined the account hereto annexed, and carefully compared the same 
with the original entries in the books of ( Name of creditor) that said 
account is truly and correctly made out from said books; that the 
goods in said account described, were actually sold and delivered by 
said ( Name of creditor ) to ( Name of debtor) ; that the charges there¬ 
for in said account are correct and true as therein set forth, to the best 
of deponent’s knowledge and belief; that the claim and demand of said 
(Name of creditor) against the said ( Name of debtor) as shown by 
said annexed account is just, due and unpaid; that there is no just off¬ 
set, payment or credit therein in law or equity known to deponent, except¬ 
ing as in said account stated, and that there is now due to the said 
{Name of creditor) from the said ( Name of debtor) the sum of 

.dollars, and interest thereon at the rate of . 

per cent, per annum, from the .day of . A. D. 


Subscribed and sworn to before me, this.day 

of.:. A. D. 190.... 


Notary Public, .County, Michigan. 

My commission expires.19.. 


III. ASSIGNMENT. 

General Form for Assignment of Written Instruments. 

Lansing, Michigan, July 24, 1908. 

In consideration of the sum of . dollars ($.) to 

me paid by A B, I hereby assign to him all my rights, title and interest 
in and to the within instrument. 

C D. 

Assignment of an Account. 

For value received, I hereby sell, assign and transfer to A B, the 
within (or annexed) account, and all of my right, title, interest and 
demand in and to the same, with full authority to collect and receipt 
for the same. I guarantee that the said account is just and due, and 
that I have not received or discharged the same or any part thereof. 

Dated this 24th day of July, 1908. 


C D. 















300 


MICHIGAN FARM LAWS. 




Notice to Debtor by Creditor of Assignment of Debt. 

Lansing, Michigan, July 24, 1908. 

To M. N. 

Dear Sir: I hereby notify you that I have this day assigned the 

debt of . dollars ($.) now owing from you to me to 

A B, and I hereby request you to pay the said sum to him, and his 
receipt to you for the same shall be a sufficient and full discharge from 
said debt. 

Yours very truly, 

C D. 

Notice of Assignee to Debtor of Assignment of a Debt. 


Lansing, Michigan, July 25, 1908. 

To M. N. 

Dear Sir: I hereby notify you that C D did by an agreement on 
the 24th day of July, 1908, assign and fully transfer to me the debt of 

. dollars ($.) owing by you to him. Therefore I 

request that you pay the said debt to me on or before the . 

day of . next, and very greatly oblige, 

Yours very truly, 


A B. 


Assignment and Guaranty of Payment. 

Lansing, Michigan, July 24, 1908. 

For value received I hereby sell, assign and transfer to A B aH 
of my right, title and interest in, to the within account, and all money due 

thereon, to-wit,'the sum of . dollars ($.), and I hereby 

guarantee the payment of the same to the said A. B, or his ^assigns. 

C D. 

General Assignment of Account. 

(long form.) 

Know all men by these presents, that.of the 

. of. in the county of . 

and State of Michigan, for and in consideration of the sum of . 

.Dollars, lawful money of the United States, to 

. paid by . of the second part, 

do.. by these pfesents sell, assign, transfer and set over, unto said 

part,... of the second part,.executors, administrators or assigns, 

all ..h.. right, title and interest in and to the annexed account, and 
in and to any and all sums of money now dqe or hereafter to become 



















BUSINESS FORMS. 


301 


due upon the account, in favor of said., against 

. for the sum of .Dollars, 

a statement of which account is hereunto annexed, and.do 


hereby give said second part...., . executors, administrators 

and assigns, full power and authority for his, her, or their use and 
benefit, but at his, her or their own cost, to ask, demand, collect, receive, 
compound and receipt or give acquittance for the same or any part 

thereof, and in . name or otherwise, to bring, prosecute and 

withdraw any suits or proceedings at law or in equity therefor. 

In witness whereof,_have hereunto set_.hand_and seal .. 

this.day of.A. D. 190_ 

- [l. s.] 

- [l. s.] 

IV. Bill of Sale. 

(long form.) 

Know all men by these presents, that.of the 

. of. in the county of . 

and State of Michigan, of the first part, for and in consideration of the sum 

of.Dollars, lawful money of the United States, to 

. paid by . of the second part, 

the receipt whereof is hereby acknowledged, ha.. bargained and sold, 
and by these present do., grant and convey, unto the said part.... of 

the second part, . executors, administrators or assigns, all 

the following goods and chattels, to-wit: 

{Here make a list of the goods and chattels sold.) 

belonging to.and now in.possess- 

sion at . 

To have and to hold the same unto the said part. ... of the second 

part, . executors, administrators and assigns, forever. 

And the said part.... of the first part, for . heirs, execu¬ 

tors and administrators, do.. covenant and agree to and with the said 

part.... of the second part.executors, administrators and 

assigns, to warrant and defend the sale hereby made of said property, 

goods and chattels, unto the said part.... of the second part,. 

executors, administrators and assigns, against all and every person or 
persons whatsoever. 

In witness whereof, . have hereunto set . hand.. 

and seal. . this.day of.A. D. 190. .. . 

Signed, sealed and delivered 

in the presence of 


[l. s.] 
[l. s.] 
[l. s.] 



































302 


MICHIGAN FARM LAWS. 


Bills of Sale. 

(short form.) 

In consideration of .dollars ($.) to me in hand 

paid by A B, I have this day bargained and do hereby sell and convey 
to the said A B the following described property, to-wit: 

(Here describe the property.) 

In witness whereof, I have hereunto set my hand this . day 

of .... 190.. 

C D. 

Bill of Sale of Horse with Guaranty. 

Lansing, Michigan, June 27, 1908. 

In consideration of the sum of one hundred and twenty-five dollars 
($125.00) in hand, to me paid by Arthur Francis, I have this day bar¬ 
gained and sold, and do hereby sell and convey to the said Arthur Francis 
one bay gelding six years old, named Dick, and I guarantee said gelding 
sound and gentle in every particular. 

Perry Hambleton. 

V. BONDS. 

General Form for All Ordinary Purposes. 

Know all men by these presents, that we,.of the. 

of.in the County of.and State of.and 

.of the.of.in the County-of ..• •.and 

State of.are held and firmly bound unto.of the 

..of.in the County of.and State of. 

in the sum of.Dollars good and lawful money of the United 

States of America, to be paid to the said.h.. executors, ad¬ 

ministrators or assigns, for which payment well and truly to be made, 
we do bind ourselves, our heirs, executors, or administrators, jointly 
and severally, firmly by these presents.. 

Sealed with our seals; dated this.day of-• . 

A. D. 

Whereas, the above bounden.*. 

(Here state what is to be performed.) 

Now, therefore, the condition of the above obligation is such, that 


if the above bounden.shall well and truly indemnify and save 

harmless, the said.. .h. .executors and administrators, from and 


against.then this obligation to be void, otherwise to remain in 

full force. 




































BUSINESS FORMS. 


303 


State of Michigan, 

County of.ss. 

.of the.of.in said County of. 

the sure...named in and who signed the annexed and foregoing bond, 
being duly sworn.deposes and says, that he is worth in unin¬ 

cumbered property, not exempt from execution under the laws of this 

State, the sum of.....Dollars, after payment of all just debts, 

claims and liabilities, that such property consists of.situated 

and being in said County of. 

Subscribed and sworn to before me, this.day of. 

A. D. 1.. 

My commission expires...19.. 


Note: In case of two sureties, always insert “each for himself” in the space 
after the words “being duly sworn.” 


Bond for Payment of Rent. 

Know all men by these presents, that we, William Smith, of Lincoln- 
ville, Michigan, principal, and Charles Haines, of said village, surety, are 
firmly held and bound unto Joseph Raymore, of said village, in the sum 
of five hundred dollars, for the payment of which sum to the said James 
Raymore, his executors, administrators, and assigns, we hereby each 
jointly and severally bind' ourselves, our heirs, executors and ad¬ 
ministrators. 

The conditions of this obligation are such that whereas, the said 
Joseph Raymore has leased unto the said William Smith, certain land, 
and the farm buildings and dwelling house situate on Wilke’s pike, one 
mile south of said village, by lease bearing even date herewith, and 
whereas said lease was granted upon the condition that the above named 
Charles Haines should join as surety for the said William Smith, in a 
bond for the due payment of the rent and the performance of the cove¬ 
nants and conditions contained in the said lease, now, if the said William 
Smith, his executors, administrators or assigns, shall, during the con¬ 
tinuance of the said lease, duly pay to the said Joseph Raymore, his 
heirs or assigns, the rent upon the respective dates appointed in said 
lease for payment thereof, or within ten days next after such respective 
days, and shall, during the continuance of the said lease, duly observe 
and perform all and singular the covenants and conditions therein con¬ 
tained on the part of the said lessee, his executors, administrators and 
assigns, to be observed and performed; provided that the neglect or 
forbearance of the said lessor in enforcing payment of such rent or the 
performance of such covenants and conditions, or the giving of time 
by him for payment or performance thereof, shall not in any way re- 
















304 


MICHIGAN FARM LAWS. 


lease the said Charles Haines or either of them, his or their hears, execu¬ 
tors, or administrators, in respect of his or their liability under the above 
written bond, then thi^ obligation shall be void; otherwise, it shall be 
and remain in full force and virtue. 

In witness whereof we have hereunto set our hands this 1st day of 
February, 1908. 

Signed in the presence of: 

-- William Smith, Principal, 

-- Charles Haines, Surety. 

VI. BANK CHECKS. 


Payable to Order. 


No.. 

Detroit, Michigan, . 

., 190.: 



LAKE ERIE BANK, 



Pay to.... 




- 





Certified Check. 




<D 

No. Charleston, -d «n S. C., January 10, 1908. 

s 1) rt 

e u 

SEAPORTS o BANK. 

53-.S ^ 

Pay to Hugh McHugh u >> pq ..or order, 

One hundred.^ <D •.Dollars, $100.00. 

*§ 2^ John Doe. 

o a ^ 

O 


Certificate of Deposit. 


$500.00. Boston, Mass., Dec. 24, 1908. 

PURITAN BANK. 

Richard Roe has deposited in this bank, Five Hundred 
Dollars, payable to his own order, upon the return of this 
certificate properly endorsed. 

John Doe, Cashier. 















BUSINESS FORMS. 


305 


VII. DRAFTS. 

Sight Draft. 

$200.00. Jacksonville, Fla., Feb. 1, 1908. 

At sight pay to the order of the Collector’s Bank, Two 
Hundred Dollars, and charge to the account of 

James McPherson. 

To Chas. C. Cruikshank, 

Detroit, Michigan. 


Time Draft. 


$100.00. Detroit, Michigan, Dec. 20, 1908. 

At ten days’ sight pay to the First National Bank, New 
Orleans, One Hundred Dollars, and charge to our account. 

C. C. Douglas & Co. 

To Clark Simpson, 

New Orleans, La. 


Accepted Drafts. 

• 6 

$212. Marion, . u Michigan, Dec. 23, 1908. 

O <£ 

Oi ; 

At ten days’ sight pay 1-1 'S « to Smith & Co., Bankers, 
Two Hundred and^ ^ Twenty Dollars, and 
charge to my account. u u 

To A. A. Barkus & Co.,Q ^ Stephen Alexander. 

Columbus, Ohio. 

< 


VIII. DEEDS, MORTGAGES AND LEASES. 

Warranty Deed. 

( STATUTARY — SHORT FORM.) 

This Indenture, made this.day of.in the year 

of our Lord one thousand nine hundred... •..between (name of 

seller), of the first part, and (name of buyer), of the second part; 

Witnesseth, that the said (name of seller), part.. of the first part, 
20 M F L 














306 


MICHIGAN FARM LAWS, 


conveys and warrants to the said ( name of buyer), part, .of the second 

part all.certain piece, .or parcel.situate and being in 

the.of.County of.. State of Michigan, 

and described as follows, to wit: 

(Description of land.) 

for the sum of ( purchase price), lawful money of the United States of 

America, to...in hand paid by the said part, .of the second 

part, the receipt whereof is hereby confessed and acknowledged. 

In witness whereof, the said part..of the first part ha. .hereunto 

set.hand..and seal.., the day and year first above written. 

Signed, sealed and delivered 
in the presence of 

----[l. s.] 

--- -[l. s.] 


State of Michigan, 

County of.ss. 

On this.day of.......in the year one thousand nine 

hundred and.. .before me, a.in and for said county, 

personally appeared.......to me known to be the person, .described 

in and who executed the foregoing instrument, and.acknowl¬ 
edged that.executed the same as.. - •.free act and deed. 


Notary Public 
My commission expires...19.... 

t 

Warranty Deed. 

(short form.) 


County, Michigan. 


This indenture, made this...day of.in the year 

of our Lord one thousand nine hnndred and.between ( name 

and residence of seller), of the first part, and ( name and residence of 
buyer), of the second part, 

Witnesseth, that the said part, .of the first part, for and in considera¬ 
tion of the sum of.....dollars, to.in hand paid by the 

said part, .of the second part, the receipt whereof is hereby confessed 
and acknowledged,- do. .by these presents grant, bargain, sell, remise, 


release, alien and confirm unto the. said part, .of the second part, and 

.heirs and assigns, forever, all.....certain piece, .or 

parcel, .of land situate and being in the.of.county 


of.and state of Michigan, and described as follows, to wit: 


(Description of land.) 

together with all and singular the hereditaments and appurtenances there¬ 
unto belonging or in any wise appertaining: To have and to hold the 


































BUSINESS FORMS. 


307 


said premises, as herein described, with the appurtenances, unto the said 

part, .of the second part, and to.heirs and assigns, forever. 

And the said... .part, .of the first part, for.sel., 

. .h.heirs, executors and administrators, do. .covenant, grant, 

bargain and agree to and with the said part, .of the second part. 

heirs and assigns, that at the time of the ensealing and delivery of 

these presents.well seized of the above-granted premises in 

tee simple; that they are free from all incumbrances whatever.. 

and that.. .will, and.heirs, executors, . 

administrators.shall warrant and defend the same against all 

lawful claims whatsoever, . 

In witness whereof, the said part..of the first part of ha. .hereunto 

set.hand, .and seal..the day and year first above written. 

Signed, sealed and delivered 
in the presence of 

- -,-[L. S.] 

- -[L. S.] 


State of Michigan, 

County of.ss. 

On this.day of.in the year one thousand nine 

hundred and.before me,.--..in and for said county, 

personally appeared.to me known to be the same person..de¬ 
scribed in and who executed the within instrument, who. 

acknowledged the same to be.free act and deed. 

Notary Public .. County, Michigan. 

My commission expires.190.... 

Warranty Deed. 

(long form). 

This indenture, made this.day of . in the year of 

our Lord one thousand nine hundred.190... Between 

{Name of seller ) of the first part, and {Name of buyer ) of the second 
part. 

Witnesseth, that the said part_ of the first part, for and in con¬ 
sideration of the sum of . dollars, to . 

in hand paid by the said part. . of the second part, the receipt whereof 
is hereby confessed and acknowledged, ha.. granted, bargained, sold, 
remised, released, aliened and confirmed, and by these presents do.. 
grant, bargain, sell, remise, release, alien and confirm unto the said 

part_of the second part, and to . heirs and assigns, forever, 

all . certain piece., of parcel or land situate and being 

in the . of . County of ..., 

and State of Michigan, ..and described as follows, to-wit: 










































308 


MICHIGAN FARM LAWS. 


(Here describe premises.) 

Together with all and singular the hereditaments and appurte¬ 
nances thereunto belonging, or in anywise appertaining; and the re¬ 
version and reversions, remainder .... remainders, rents, issues and 

profits thereof; and all the estate, right, title, intepfest . 

demand whatsoever of the said part.... of the first part, either in law 

or equity, of, in and to the above bargained premises, with the. 

hereditaments and appurtenances; To have and to hold the said prem¬ 
ises as above described, with the appurtenances unto the said part.... 

of the second part, and to . heirs and assigns, forever. 

And the said part.... of the first part, for . heirs, executors 

and administrators, do.. covenant, grant, bargain and agree to and with 

the said part.... of the second part, . heirs and assigns, that at 

the time of the ensealing and delivery of these presents ... 

well seized of the premises above . as of a good, sure, 

perfect, absolute- and indefeasible estate of inheritance in the law in 

fee simple; and that the said lands . are free from 

all incumbrances whatever . and that the above 

bargained premises in the quiet and peaceable possession of the said 

part.... of the second part, . heirs and assigns, against all and 

every person or persons lawfully claiming, or to claim, the whole or any 


part thereof, . will forever warrant and defend. 

In witness whereof, the said part.... of the first part ha., here¬ 
unto set . hand. . and seal. . the day and year above written. 


Signed, sealed and delivered 
in the presence of 

—-- -[l- s.] 

- --[ L . s.] 


(Acknowledgment, etc.) 

Quitclaim Deed. 

(long form.) 

This indenture, made the . day #f . *in the year of 

our Lord one thousand . hundred . between 

. of the finst part, and .of the second 

part. 

Witnesseth, that the said part.... of the first part, for and in con¬ 
sideration of the sum ©f.to.in 

hand paid by the said part.... of the second part, the receipt whereof 
is hereby confessed and acknowledged, do., by these presents grant, 
bargain, sell, remise, release and forever quit-claim, unto the said 

part....of the second part, and to.heirs and assigns, forever, 

All . certain piece. . or parcel. . of land, situated in the 




























BUSINESS FORMS. 


309 


.. • of.. in . 

County, and State of Michigan, known and described as follows: 


(Description of premises, here.) 


Together will all and singular the hereditaments and appurtenances 
thereunto belonging or in anywise appertaining: To have and to hold 

the said.to the said part.... of the second part, 

and to .heirs and assigns, to the sole and only proper use, bene¬ 
fit and behoof, of the said part.... of the second part . heirs 

and assigns, forever. 


In witness whereof, the said part!... of the first part ha., here¬ 
unto set . hand., and seal., the day and year above written. 

Signed, sealed and delivered 
in the presence of 

----[L. S.] 

- ---[L. S.J 

(Acknowledgment, etc.) 


Quitclaim Deed. 

(short form.) 

This indenture, made the . day of . in the year of 

our Lord one thousand -.. hundred . between 

.. of the first part, and .of the second 

part. 

Witnesseth, that the said part.... of the first part, for and in con¬ 
sideration of the sum of.to.in hand paid by the said 

part.... of the second part.to.in 

hand paid by the said part.... of the second part, the receipt whereof 
is hereby confessed and acknowledged, do.. by these presents grant, 
bargain, sell, remise, release and forever quit-claim, unto the said 
part.... of the second part, and to . heirs and assigns, forever. 

(Description of premises, here.) 

Together will all and singular the hereditaments and appurtenances 
thereunto belonging or in anywise appertaining: To have and to hold 


the said .to the said part. ... of the second part, 

and to. heirs and assigns, to the sole and only proper use, bene¬ 


fit and behoof, of the said part.... of the second part . heirs 

and assigns, forever. 

In witness whereof, the said part.... of the first part ha., here¬ 
unto set . hand., and seal., the day and year above written. 

Signed, sealed and delivered 
in the presence of 


( Acknowledgment, etc.) 


It. s.] 

[L- S.] 
































310 


MICHIGAN FARM LAWS. 


Mortgage. 

(STATUTORY — SHORT FORM ). 

This indenture, made this . day of . in the year of 

our Lord one thousand . hundred .. between 

{Name of mortgagor) of the first part, and ( Name of mortgagee ) of 
the second part. 

Witnesseth, that the said part.... of the first part mortgage and 
warrant to the said part.... of the second part, all .. 


certain piece.. or parcel.. of land, situate in . of 

.,..., in the county of . and State 

of Michigan, and described as follows, to wit: 

(Write description of land here.) 

to secure the payment of the sum of . Dollars ($....) 


to . in hand paid by the said part.... of the second part (the 

receipt whereof is hereby confessed and acknowledged) in manner 
following, to-wit: ( Here state manner of payment.) According to the 
terms of certain ( promissory note, or bond, as the case may be) 
bearing even date herewith, executed by ( name of mortgagor) to the said 
second part ( name of mortgagee). 

In case of non-payment of the‘said sum of .'Dollars 

($.) or of the interest thereof, or any part of said principal or 

interest, at the time, in the manner and at the date above limited and 
specified for the payment thereof, then and in such case it shall and 
may be lawful for the said part.. of the second part, and the said 
part.... of the first part do., hereby empower and authorize the said 
part.... of the second part, to grant, bargain, sell, release and convey 
the said premises at public auction or vendue, and on such sale to make 

and execute to the purchaser or purchasers, . heirs and assigns, 

forever, a good and sufficient conveyance in law, rendering the surplus 

(if any) to the said first part-after deducting the costs and charges 

of such sale. 

And it is further expressly agreed, that as often as any proceeding 
is taken to foreclose this mortgage, whether in Chancery or by adver¬ 
tisement, such mortgagee., shall be entitled to receive such reasonable 

sums of money as shall fairly compensate . for any steps which 

.may be compelled to take therein, through an attorney, solici¬ 
tor or agent, and that the value of such service may be proven before 
and taxed by any taxing officer, in addition to all other legal costs. 

In witness whereof, the said part.... of the first part ha., here¬ 
unto set.hand.. and seal., the day and year first above written. 

Signed, sealed and delivered 
in the presence of 


(Acknowledgment, etc.) 


[L. S.] 
[L. s.] 





















BUSINESS FORMS. 


311 


Mortgage. 

(long form.) 

This indenture, made this . day of .. in the year of 

our Lord one thousand . hundred .... between 

(Name of mortgagor ) of the first part, and (Name of mortgagee ) of 
the second part. 

Witnesseth, that the said part.... of the first part, for and in con¬ 
sideration of the sum of .. Dollars ($.) 

to . in hand paid by the said part_ of the second part, the 

receipt whereof is hereby confessed and acknowledged, ha.. granted, 
bargained, sold, released, enfeoffed and confirmed, and by these presents 
do.. grant, bargain, sell, remise, release, enfeoff and confirm unto the 
said part.... of the second part, and to . heirs and assigns, for¬ 
ever, all . certain piece., or parcel., of land 

situate in the .'.. of .. in the county 

of.and State of Michigan, and described as follows, 

to wit: (Describe land here ) 

Together with the hereditaments and appurtenances thereunto be¬ 
longing or in any wise appertaining; to have and to hold the above 
bargained premises unto the said part.... of the second part, and to 

. heirs and assigns, to the sole and only proper use, benefit and 

behoof of the said part.. of the second part . heirs and assigns* 

forever. 

Provided always, and these presents are upqn this express condition 
that if the said part.... of the first part shall and do well and truly 
pay, or cause to be paid to the said part.... of the second part, the 
sum of (Here recite money to be paid and how) according to (The 
terms of a certain promissory note or bond of mortgagor as case may bey 
bearing even date herewith, executed by (Name of Mortgagor ) to the 
said part.... of the second part, to which this indenture is a collateral 

security, then these presents and.shall cease and be null 

and void. But in case of non-payment of the said sum of. 

dollars ($.) or of the interest thereof, or any part of said prin¬ 

cipal or interest, at the time, in the manner, and at the place above 
limited and specified for the payment thereof, then and in such case it 

shall and may be lawful for the said part-of the second part,. 

heirs, executors, administrators or assigns, and the said part....of the 

first part do., hereby empower and authorize the said part- of the 

second part . heirs, executors, administrators or assigns, to 

grant, bargain, sell, release and convey the said premises, with the 
appurtenances, at public auction or vendue, and on such sale to make 

and execute to the purchaser or purchasers, .heirs and assigns, 

forever, good, ample and sufficient deed or deeds of conveyance in law, 
pursuant to the statute in such case made and provided, rendering the 






















312 


MICHIGAN FARM LAWS. 


surplus money( if any there should be) to the said part.... of the first 

part, . heirs, executors or administrators, after deducting the 

costs and charges of such vendue and sale aforesaid. 

And it is further expressly agreed, that as often as any proceeding 
is taken to foreclose this mortgage, either by virtue of the power of 
sale herein contained or in chancery, or in any other manner provided 

by law, said first part.... shall pay said second part. 

.dollars, aS a reasonable solicitor or attorney fee therefor, in 

addition to all other legal costs. 

In witness whereof, the said part.- of the first part ha. . here¬ 
unto set.hand. . and seal.. the day and year first above written. 

Signed, sealed and delivered 
in the presence of 

--• -*-— [b. s.] 

----[L. s.] 


( Acknowledgment, etc.) 


Ordinary Lease. 

(short form.) 

It is hereby agreed, between .part- of the first 

part, and . part.... of the second part, as follows: 

The said part.... of the first part, in consideration of the rents and 
covenants herein specified, do., hereby let and lease to the said part. ... 
of the second part, the following described premises, situated and being 

in the .of . county of . 

and State of Michigan, to wit: ( Here describe premises) for the term 

of . from and after the . day of . 

190. .on the terms and conditions hereinafter mentioned, to be occupied 
for ( Here state use of premises.) 

Provided, that in case any rent shall be due and unpaid, or if default 
shall be made in any of the covenants herein contained, then it shall 

be lawful for the said part.... of the first part . certain 

attorney, heirs, representatives and assigns, to re-enter into, re-possess 
the said premises, and the said part. ... of the second part, and each and 
every other occupant, to remove and put out. 

And the said part.... of the second part do.... hereby hire the said 

premises for the term of . as above mentioned, 

and do., covenant and promise to pay to the said part.... of the first 

part, . representatives and assigns, for rent of said premises 

for said term the sum of . dollars. ( Here state 

how money payable and state also any special agreements). 

Said part.... of the second part further covenant that . will 

not assign nor transfer this lease, or sub-let said premises, or any part 
thereof, without the written assent of said part.... of the first part. 






















BUSINESS FORMS. 


313 


And also, that said part.... of the second part will at . own 

expense, during the continuance of this lease keep the said premises and 
every part thereof in as good repair, and at the expiration of the term, 
yield and deliver up the same in like condition as when taken, reason¬ 
able use and wear thereof and damage by the elements excepted. 

And the said part.... of the first part do., covenant that the said 
part.... of the second part, on paying the aforesaid installments and 
performing all the covenants aforesaid, shall and may peacefully and 
quietly have, hold and enjoy the said demised premises for the term 
aforesaid. 

The covenants, conditions and agreements, made and entered into 
by the several parties hereto, are declared binding on their respective 
heirs, representatives and assigns. 

Witness our hands and seals this . day of .. 1..., 

Signed, sealed and delivered 
in the presence of 

-■--[L. S.] 

--[L. S.] 


SURETY FOR PAYMENT OF RENT. 

(To be written at end or on back of lease.) 

In consideration of the letting of the premises in the foregoing in¬ 
strument described, and for the sum of one dollar, to . 

paid . do hereby become surety for the punctual pay¬ 

ment of the rent and performance of the covenants in said instrument 
mentioned, to be paid and performed by the second part.... therein 

named; and if any default shall at any time be made therein . 

do hereby promise and agree to pay unto the part.... of the first part 
named in said instrument, the said rent and arrears thereof that may 
be due, and fully satisfy the condition of said instrument, all damages 
that may occur by reason of the non-fulfillment thereof, without re¬ 
quiring notice or proof of the demand being made. 

Witness our hand, .and seal.. this. .. .day of.day of., 1.. 

- : -[l. s.] 

---[l, s.] 

Lease of Farm with Lien on Crops. 

This instrument, made this . day of . A. D. 

by and between (Name of lessor or owner of farm) of the first part, and 
‘(Name of lessee or renter of farm) of the second part. 

Witnesseth, that the said part. . of the first part, for and in considera¬ 
tion -of the rents and covenants herein specified, do.. hereby let and lease 

to said part_ of the second part the following described piece., or 

parcel.. of land situate and being in the . of. 

county of ... and State of Michigan, to wit: (Here de- 






















314 


MICHIGAN FARM LAWS. 


scribe the farm ) for the term of . commencing on the 


..day of . A. D.. and ending on the . 

day of .. A. D. 190... (Here state the use to which the 


premises shall be put, crops to be raised live stock to be kept; and 
agreement as to the manner of keeping down weeds, building fences and 
keeping same in repair, hauling out manure, furnishing of grass-seed and 
sowing of same, hay, fodder, pasture for horses, cattle and hogs lire 
wood, etc., privileges and special matters are all things to be regulated 
by agreement and should be made a part of the lease by writing in the 
lease, whatever such agreement may be.) 

And for and in consideration of the aforesaid term of rent of the 
said premises, the said part.... of the second part do., hereby hire the 

said premises for the term of . as above mentioned, 

and do.. covenant and agree to pay to the said part.... of the first part 

. heirs, executors, administrators or assigns, the sum of . 

.dollars, lawful money of the United States of America, to 

be paid as follows, to wit: ( Here state how rent shall be payable). 

And, as a further consideration of the aforesaid term of rent of 
the said premises, the said part.... of the second part do., hereby 
covenant and agree to pay all taxes, whether state, county, township, 
school or road taxes, or any other taxes that may be imposed on the 
whole or any part of the said premises and deliver to the said part.... 

of the first part . heirs, executors, administrators or assigns, on 

the last day of each year, the proper and necessary receipts for all 
taxes that ..he., may have paid during such year; and at all times 
to keep the buildings and fences on said premises in good order and 
repair, and that . .he.. will not sub-let the said premises or any por¬ 
tion thereof, nor assign nor transfer this lease to any person whomso¬ 
ever, without the written consent of the said part.... of the first part 
.heirs, executors, administrators or assigns, endorsed hereon. 

And for the purpose of securing the payment of the said rent above 
reserved and taxes, the said part.... of the second part hereby covenant.. 
and agree.. that the said part.... of the first part . heirs, execu¬ 

tors, administrators and assigns shall have a lien in the nature and to 
the effect of a chattel mortgage upon all the produce of the said tillable 
land, whether harvested or not, and the said part....of the second part 

hereby sell, .and mortgage, .to the said part... .of the first part.heirs, 

executors, administrators and assigns the said produce, and in case the said 
part, .of the second part shall fail or neglect to pay the same as above cove¬ 
nanted and agreed upon, the said part.... of the first part.heirs, 

executors, administrators and assigns, shall have the right and power 
to take possession of the said produce, wherever it may be found, and 
sell the same at private sale or public auction at the best prices . .he.. 

can obtain therefor after giving at least . days’ previous notice 

of the time and place of said sale, by posting a written or printed notice 
thereof in . or more public places in the said . 




















BUSINESS FORMS. 


315 


of ., and out of the money to arise from such sale 

thereof, if sufficient there shall be, to pay and retain the amount of said 
rent and taxes due, together with any and all costs and charges of such 
sale, and shall pay the surplus money (if any) to the said part.... of 
the second part. 

The said part.... of the first part give., the said part.... of the 
second part permission to cut on the wood land of said farm, the timber that 
may be necessary for keeping the buildings and fences in repair, but for 
no other purpose whatever, excepting for the firewood necessary to be 

consumed on the said premises . which must always be 

cleanly cut next adjoining the said tillable land, in strips of not to exceed 

. rods in depth across the whole width of the said premises 

as far as the wood land shall extend, heaping and burning the brush. 

And at the expiration of the said term of rent, the said part.... 
of the second part do. . covenant and agree to surrender and give up 

the said premises, together with the buildings and fences . 

in good order and repair to the said part.... of the first part . 

heirs, executors, administrators or assigns. And should the said part., 
of the second part fail in any of the foregoing covenants, conditions and 

obligations on . part to be fulfilled, kept and performed, then 

this lease will become'null and void, and the said part.... of the first 

part . heirs, executors, administrators or assigns, may peaceably 

re-enter and take possession of the premises and property hereby rented, 
without any formal proceedings either at law or in equity, and the said 
part. ... of the second part hereby agfee.. to pay to the said part.... of 

the first part .. . heirs, executors, administrators or assigns, all 

damage and loss, which . they or any of them may suffer, by 

reason of any failure on the part of the part.... of the second part to 
faithfully carry out, observe and perform all the terms, covenants and 
conditions hereinbefore set forth. 

In witness whereof, the parties to this instrument have hereunto set 
their hands and seals the day and year first above written. 

Signed, sealed and delivered 

in the presence of 

--[L. S.] 

--[l. s.] 

( Acknowledgment, etc.) 

Lease to Cultivate Farm for Share of Crops. 

This agreement made this first day of February in the year 1908, by 
and between A B, party of the first part and C D, party of the second 
part, Witnesseth: 

Said party of the first part has this day let unto said party of the 
second part (Here describe the farm, as, the Smith Road Farm, or, the 
Mosquito Creek Farm, one hundred acre farm, etc.) of the party of the 















316 


MICHIGAN FARM LAWS. 


first part, to occupy and cultivate during the year beginning March 1, 
1908 and ending February 28th, 1909. 

Said party of the second part agrees to cultivate said farm in a good 
workmanlike manner, to keep the land free from weeds, haul out the 
manure, and keep the fences in good repair, the party of the first part 
to furnish the material therefor. Further, the said party of the second 

part agrees to deliver at . for the party of the first part, 

the.of all the grain and hay of said party of the first part raised 

on the farm to wit: ( Here state what share of grain, hay, etc.) 

The said parties mutually agree ( Here put in agreements as to pastur¬ 
age, wood privileges, etc., of both parties, if any such other privileges are 
given to either one or both of said parties.) 

This agreement shall take effect this day and possession of said 
premises, together with the dwelling house and all buildings thereon, 
shall be given the said party of the second part on the first day of 
March, A. D. 1906. 

In witness whereof said parties have hereunto set their hands on 
the day and date first above written. A B. 

C D. 

Lease from Month to Month. 

( Name of renter) hereby rents of ( Name of owner of property) 

from month to month, from the.day of.A. D. 19...., 

the following described premises, viz.: 

(Describe property here.) 

It is agreed that the rent of said premises shall be at the late of 

.dollars per month, and payable monthly in advance 

at ( State here where payment to be made), and also that the said ( Name 

of renter) will at.own expense, during the continuance of this 

lease, keep the said premises in as good repair and at the expiration of 

the term, yield and deliver up the same in like condition, as when taken, 
reasonable use and wear thereof and damage by the elements excepted, 

and that.will not re-lease or assign or sublet said premises, 

or any portion thereof, to any person without the written consent of said 
(Name of owner here.) or. agent. 

This le^se to be terminated at the option of either party at the end of 
any month. 


Notice to Quit Tenancy. 

To... 

Please take notice that you are hereby required to quit, surrender 
and deliver up possession to.of the premises hereinafter de¬ 
scribed, which you now hold of.as.tenant...on or before the 













BUSINESS FORMS. 


317 


•.day of.A. D. 19-, for the reason that.intend 

to terminate your tenancy, and to repossess.of such premises on 

the date above mentioned, said premises being described as follows, to-wit: 

(Here describe premises.) 

Dated at... .in.County, Michigan, the.day 

of.. .A. D. 190.. 


Notice to Quit Premises for Non-Payment of Rent. 

To.. 

You are hereby notified that you are required to quit, surrender and 

deliver up to., possesion of the premises hereinafter described, 

which you now hold of.as.tenant, or pay ton. the rent 

now due for said premises, for which you are justly indebted to.and 

which you have neglected to pay. 

Said premises are described as follows, to-wit: 

(Here describe premises.) 

in the.of., County of.,. 

State of Michigan. 

Dated this.day of.190.. 


Chattel Mortgage. 

Know all men by these presents, that ( Name of mortgagor—owner of 

chattels here.) in consideration of.dollars to.paid by 

( Name of ?nortgagee) do hereby grant, bargain, sell and convey unto 
(Name of mortgagee.) and.assigns,* all the following men¬ 
tioned goods and chattels, to-wit: ( Here give a full list of the chattels to 

be mortgaged.) 

To have and to hold unto the said ( Name of mortgagee.) and assigns, 
Hereby Covenanting that the title to said goods and chattels hereby con¬ 
veyed is free, clear and unincumbered, and that.will warrant 

and defend the same against the lawful claims of all persons whomsoever. 
The condition of this mortgage is such, that whereas the said ( Name of 
mortgagor.) indebted to the said ( Name of mortgagee.) in the sum of 
.dollars which is due and payable as follows, to-wit: 

(Here state how payment of money to be made.) 
accordingto the terms of.note of even date herewith. Now 


if said.shall well and truly pay or cause to be paid said 

money.as the same shall fall due, then this mortgage 


to be v®id, otherwise in force. And it is further agreed that ia case any 






























318 


MICHIGAN FARM LAWS. 


default shall be made in the payment at (The time aforesaid of the whole 

of any part of said money.it shall and may be lawful for 

said ( Name of mortgagee.) or.assigns, immediately thereafter, to 

enter and take possession of said goods and chattels, wherever the same 
may be found, and sell and dispose of the same at public or private sale 

for the best price.can obtain, and out of the money arising 

from such sale to retain and pay all the indebtedness hereby secured and 

said interest and all the expenses of the sale.and taking care 

of and removing said property, and.dollars as an attorney fee, 

should any proceedings be taken to foreclose .this Indenture, rendering 

the surplus, if any, to said ( Name of mortgagor.) or.assigns. 

And until default, as aforesaid, is made in said payment.the pos¬ 

session of said goods and chattels may remain with said ( Name of mortga* 
gor.) unless said ( Name of mortgagee.) and assigns shall consider it 


necessary for.security to take the same into.. .own pos¬ 
session, in which case.shall have the right to do so, and hold the 


same until the power to foreclose hereinbefore given shall take effect. 

In witness whereof, the said ( Name of mortgagor — owner.) hath 

hereunto set.hand.. and seal, .this.day of. 

A. D. 19. 

Signed, sealed and delivered 
in the presence of 

- - [ L> s .] 

--[l. s.] 


Oath of Mortgagor. 

State of Michigan, 

County of.ss. 

.being duly sworn deposes and says that, .he 1 

.the mortgagor, .named in the annexed chattel mort¬ 
gage, that he has knowledge of the facts and that the consideration of said 
instrument was actual and adequate and that the same was given in good 
faith for the purposes therein set forth. 


Subscribed and sworn to before me this.day of.190.. 


Notary Public,.County, Michigan. 

My commission expires.19... . 

Note: 1 Insert “is” or “is one of” or “he makes this affidavit for’” 

Affidavit for Renewal of Chattel Mortgage. 

State of Michigan, 

County of.ss. 


deposes and says he is 


of 


.being duly sworn, 

the owner of a cerain Chattel 
































BUSINESS FORMS. 


319 


Mortgage, given by...to.dated 

the... .day of.A. D. 19... and filed in the office of the. 

of. in said county, on the.day of.A. D. 19... 

at... .o’clock... .M; and he makes this affidavit for and in behalf of. 

., being acquainted with the facts; that there is due and re¬ 
maining unpaid on said Mortgage the sum of.Dollars, 


and interest from.which said sum constitutes the interest 

of said.in the property in said mortgage mentioned and 


described, and said mortgage is hereby renewed for the amount above 
written. Further deponent saith not. 


Subscribed and sworn to before me, this.day of. 

A. D. 19.... . 

Notary Pulic.County Michigan. 

My commission expires.19.... 


Note: If affidavit is made by agent or attorney, inesrt after words “dnd says 

he is” the following: “the Attorney of .” or “the Agent of .” 

as the case may be, and after the words “in behalf of” insert the words “said 
owner,” and if made by owner of Mortgage, insert the word “himself.” 


IX. GUARANTY. 


Guaranty of Payment for Goods Sold to Another 


To Richard Roe & Co., 

Columbus, Ohio. 

Dear Sirs : — I hereby guarantee, payment to you for all goods 
which you may sell to A B, to the amount of one hundred dollars 
($ 100 . 00 .) 

Dated this 12th lay of July, 1908. 

Yours very truly, 

C. D. 


Notice of Acceptance of Guaranty 

To C. D, 

City. 

Dear Sirs — We hereby notify you that we have this day accepted 
your guaranty on behalf of A. B., and will sell him goods in accord¬ 
ance with the terms of said guaranty. 

Yours truly, 

Richard Roe & Co. 


Guaranty in Sale of Horse. 

Columbus, Ohio, July 12, 1908. 

In consideration of one hundred and fifty dollars ($150.00) to me 
paid by A. B. for a bay mare, named Topsy, I hereby guarantee to 





















320 


MICHIGAN FARM LAWS. 


the said A. B. that the said mare is. only seven years old, sound in 
all respects, free from all kinds of viciousness, and quiet to work or 
drive. 

C. D. 

Guaranty of Rent, Indorsed on Lease. 

In consideration of the making of the within written lease, I do 
hereby covenant and agree with the within named lessor, his heirs, exe¬ 
cutors, administrators, and assigns, that if default shall at any time be 
made by the said lessee, his executors, administrators, and assigns, in 
ihe payment of the rent or the performance of the covenants in the 
within Jease contained, on his or their part to be paid and performed, 
that I will well and truly pay the said rent, or any arrears thereof, 
that may remain due, and also all damages that may arise in conse¬ 
quence of the non-performance of said covenants, or either of them, 
without requiring notice of any such default from the said lessor or 
other person having his estate in said premises. 

Witness my hand seal this 12th day of July, 1908. 

C. D. 

X. INDORSEMENT. 

Indorsement, is a writing on the back of a note, check, bill, draft 
®r other written instrument. The kinds of indorsement are, Blank,. Full, 
Qualified, Restrictive, and Conditional. The purpose of an indorsement 
may be to transfer the instrument, record a payment made thereon, or to 
guarantee the payment thereof, or for any ®ther purpose where the intent 
of the parties vwith reference to an instrument may be made clear by a 
writing upon the back of the instrument. The following forms will serve 
to illustrate: 

Indorsement in Blank. 

Jeremiah C. Alexander. 

Indorsement in Full 

Pay to the order of Samuel J. Penfield. 

Jeremiah C. Alexander. 

Qualified, or Without Recourse. 

Pay to Samuel J. Penfield, or order, without recourse on me. 

Jeremiah C. Alexander. 

Restrictive Itfdprsement. 

Pay to Samuel J. Penfield only ( or, for my use). 

Jeremiah C. Alexander. 


BUSINESS FORMS. 


321 


Conditional Indorsement. 


Pay to Samuel J. Penfield, or order, unless notice is given Dy me, 
before maturity, not to pay. 


Jeremiah C. Alexander. 


Money Indorsement. 

Paid on the within note, June 26th, 1908, Fifty dollars ($50.00). 

Jeremiah C. Alexander. 


Indorsement by Agent. 

Jeremiah C. Alexander. 
By J. C. Smith, Agent. 


Indorsement of Guaranty. 

For value received, I hereby guarantee the payment of the within 

note. 


Jeremiah C. Alexander. 


Indorsement of Assignment or Transfer. 

For value received, I hereby sell, assign and transfer all of my 
right, title and interest in and to the within account (or note, as the 
case may be) to Samuel J. Penfield. 

Jeremiah C. Alexander. 

XI. ORDERS. 

For Payment of Money. 

$26.00. Albion, Michigan, July 15, 1908. 

James Cleary, Esq.: 

Dear Sir : Please pay to the Brown Grocery Co., the sum of 
Twenty-six Dollars, and charge to my account. 

Very truly, 

J. M. Blake. 

To Furnish Goods to Another. 

Baldwin, Michigan, July 15, 1908 

People’s Clothing Co.: 

Gentlemen : Please let the bearer, John Smith, have a suit of 
clothes and such other articles of clothing as he may wish to pur¬ 
chase; the total amount not to exceed Twenty-five Dollars, and I will 
pay you. Very truly, 


21 M f L 


J. M. Blake. 


322 


MICHIGAN FARM LAWS. 


Another Form for Same Purpose 

Baldwin, Michigan, July 15, 1908. 

People’s Clothing • Co.: 

Gentlemen: Please let the bearer, John Smith, have clothing to 
the amount of Twenty-five Dollars and charge to my account. 

Very truly, 

J. M. Blake. 

For Delivery of Fruit Trees. 

Battle Creek, Michigan, October 1, 1908. 

John Kraner, Esq., Agt. Painesville Nurseries: 

Dear Sir: Please deliver the fruit trees ordered by me, to the 
bearer, Janies Masters, who will pay you the sum of Fourteen Dollars 
■ due for same. Yours truly, 

H. C. Wells. 

For Delivery of Hogs. 

Clarksville, Michigan, November 2, 1908. 

. Samuel Schwenker, Esq.: 

Dear Sir : Please deliver the twenty-seven head of hogs, which 
I purchased of you last week, to the bearer, Amos Whitman, and bring 
weights to me for settlement, and oblige, 

William Stockman. 

Order for Shipment of Apples. 

Coldwater, Michigan, October 6, 1908. 

"Herman Strader, Esq.: 

Dear Sir : Please ship apples which I recently purchased of you, 
to Merchant & Co., Cincinnati, Ohio, not later than October 15, and oblige, 

Yours truly, 

A. L. Boughtman. 


XII. PROMISSORY NOTES. 
Note for Principal. 


$ .. . 

.Michigan. 

.190.. 

to the order of. 

Value received, at. 

with.per cent, interest per 

annum 

.promise to pay 

* 



payable.annually. 

















BUSINESS FORMS. 


323 


Note for Interest. 


to the order of. 


.Michigan.190.. 

.after date.promise to pay 


.Dollars. 


Value received, at..... 

with interest at.per cent, per annum 

after maturity, payable.annually. 


This note is given for the interest due at the 
maturity hereof upon a principal note of even 
date herewith. 


Negotiable Note. 

$100.00 Lansing, Michigan, January 10, 1908. 

One yea*; after date I promise to pay Richard Roland, or order, 
One Hundred Dollars, with 6% interest per annum from date; value 
received. 

Richard Mansfield. 

Negotiable and Payable in Bank. 

$500.00. Crystal Falls, Michigan, Jan. 10, 1908. 

Sixty days after date I promise to pay Robert Sheldon, or order, 
Five Hundred Dollars, at the Central City Bank, with interest at 6% 
per annum from date; value received. 

Richard Mansfield. 


Note Not Negotiable. 

$200.00. Detroit, Michigan, June 10, 1908. 

One year after date I promise to pay Richard Roe, Two Hundred 
Dollars with interest at 5% per annum from date; value received. 

John Doe. 

Note with Legal Interest from Date. 

$700.00. Dexter, Michigan, April 30, 1908. 

One year after date I promise to pay William Buck, or order, 
Seven Hundred Dollars, with interest from date; value received. 

James Quigley. 















324 


MICHIGAN FARM LAWS. 


Note Bearing Legal Interest from Maturity. 

$100.00. Frankfort, Michigan, June 10, 190?. 

Three months after date I promise to pay Richard Roe, or or.iet, 
One Hundred Dollars; value received. 

John Doe. 

Note Payable on Demand. 

$100.00. Gaylord, Michigan, Feb, 1, 1908. 

On demand I promise to pay Richard Roe, or order, One Hundred 
Dollars, with interest at 6% per annum; value received. 

, John Doe. 

Note with Surety. 

$100.00. Houghton, Michigan, March 1, 1908. 

Nine months after date, we, Richard Roe as principal, and John 
Doe as surety, promise to pay Thomas Benton, or order, One Hundred 
Dollars, with 5% interest per annum, value received. 

Richard Roe, Principal , 

John Doe, Surety. 


Joint Note. 

$100.00. Manistee, Michigan, April 22, 1908. 

Six months after date, we promise to pay Robert Sheldon, or order. 
One Hundred Dollars, with interest at 6% per annum; value received. 

Richard Mansfield, 
Thomas Benton. 

Joint and Several Note. 

$400.00. Midland, Michigan, January 10, 1908. 

• 

One year after date, we, or either of us, promise to pay Robert 
Sheldon, or order, Four Hundred Dollars, with 6% interest from date; 
value received. 

Richard Mansfield, 
Thomas Benton. 

Chattel, or, Note Payable in Specific Articles. 

$200.00. Oxford, Michigan, Feb. 22, 1908. 

On demand I promise to pay Richard Roe, at my farm, two Hun¬ 
dred Dollars in corn at the market price when demand is made; value 
received. John Doe. 


BUSINESS FORMS. 


325 


Note, When Maker Cannot Write. 

$100.00. Quincy, Michigan, September 15, 1908. 

One year after date I promise to pay Russell Worthington, or 
order, the sum of One Hundred Dollars, with interest at 6% per annum. 

his 

Signed in the presence of: James X Smithson. 

Joseph Lowden. mark 


Note for Work and Labor. 

$45.00. Romulus, Michigan, Jan. 10, 1908. 

Three months after date I promise to pay Edward Day, or order, 
Forty-five Dollars, with interest at 6% per annum; value received in 
work and labor performed by him. 

Richard Roe. 

Due Bill. 

$28.00. Standish, Michigan, February 8, 1908. 

Due Richard Roe, Twenty-eight Dollars; value received. 

John Doe. 

Due Bill Payable in Produce. 

$16.00. Mayland, Michigan, Feb. 15, 1908. 

Due Robert Sheldon, Sixteen Dollars, to be paid in hay or oats at 
my farm at market price. 

Richard Mansfield. 


Note with Collateral Security. 

$. .Michigan.190.. 

....after date, .promise to pay to the order of 

.Dollars, at the.for value received, 

with-interest at the rate of...... per cent, per annum, after. 

Having deposited and pledged with.as collateral security 

for the payment of this Note, and any other indebtedness due, or to 

become due, from.to said...or.assigns, 

1 .....hereby authorize the 

sale of said security at public or private sale or otherwise, and with 
or without notice, on the non-performance of this promise, and said 

. ^... .may become the purchaser thereof, and it is hereby agreed 

that if said security, in the opinion of said.shall depreciate 

in value, said.may elect without notice that this obligation is 

due and payable on demand. 



















326 


MICHIGAN FARM LAWS. 


It is further agreed, that said.shall have the right to hold 

and apply, at any time, ••. own indebtedness or liability to the 

maker, .hereof, as security for the payment of any liability due or to 
become due from maker.. hereof. 


Note with Collateral Security. 

(another form.) 


$500.0#. 


Detroit, Michigan, August 5, 1908. 


Six months after date, I promise to pay to the order of the Detroit 
River Bank, of said city, Five Hundred Dollars, with interest at 6% 
per annum value received. 

As collateral security for the payment # of th§ same, I have this 
day pledged to the said Detroit River Bank, or holder hereof, the follow¬ 
ing property, to-wit: Five shares of the capital stock of the Southern 
Trading Company. And I hereby give the holder thereof full power 
and* authority to sell or collect at my expense, all or any part or portion 
thereof, at any place, either in the city of Detroit or elsewhere, at 
public or private sale, at its option, on the non-performance of the above 
promise, and at any time thereafter, and without advertising the same, 
or otherwise giving me any notice. In case of public sale, the holder 
may purchase without being liable td account for more than the net 
proceeds of said sale. 


Judgment Note. 


John Doe. 


$200.00. Lansing, Michigan, December 2, 1908. 

1 Ninety days after date, I {or we, jointly and severally) promise to 
pay Richard Doe, or order, at the Capital Post Bank, Two Hundred 
Dollars, with interest at 5% per annum; value received. 

And I do hereby authorize any attoYney-at-law to appear for me 
in an action on the above note, at any time after the same becomes due 
in any court of record in the State of Michigan waive the issuing and 
service of process (summons) against me, and confess judgment in 
favor of the legal holder of the above note against me, for the amount 

that may be due thereon, with costs of the suit {including . 

dollars attorney’s fee, if agreed ), and to waive and release all errors 
in said proceedings and petitions in error and right to second trial. 

John Doe. 







BUSINESS FORMS. 


327 

Swindling Note. 

Lansing, Michigan, February 15, 1908. 

Six months after date I promise to pay to John Doe, or bearer, ten dollars when I sell by 
order two hundred and sixty-five dollars [$265.00] worth of Patent Butter Churns, 
for value received, at seven per centum per annum, Said ten dollars when due is 
payable at Lansing, Michigan. Agent for John Doe. 

Simon Gullible. 

Note — But cutting off the right end of the above agreement, Doe has the 
note of Gullible without conditions. The note will then be sold to a third party 
who will proceed to collect it when due. 


Bond for Payment of Money. 

(name of principal.) 

Know all men by these presents, • that (name of principal), of the 

.of.*in the County of.and State of 

Michigan bound unto (name of payee), of the said.. .in the sum 

of.dollars, good and lawful money of the United States, to 

be paid the said (name of payee), executors^ administrators, or assigns,. 

for which payment well and truly to be made do bind.heirs, 

executors and administrators, jointly and severally, firmly by these 
presents. 

Sealed this...... .day of.in the year of our Lord 

-one thousand nine hundred and. (190..). 

The condition of this obligation is such, that if the above bounden 

...h..heirs, executors and administrators, or any of 

them, shall well and truly pay or cause to be paid, unto the above 
named (name of payee), executors, administrators or assigns, the just 

and full sum of.dollars, in the (here state the installments or 

payments), payment from the date hereof.with interest thereon 

at the rate of.per cent, per annum.payable. 

with such installments.....without fraud 

or other delay, then this obligation to be void; but if default be made in 
payment of any or either of said sums, on the day on which the same 
ought to be paid, as aforesaid, then this obligation shall remain in 
' full force. 

Sealed and delivered 
in the presence of 

-[L. S.] 

--[L. S.] 

- •-[l. s.] 


Notes: A promissory note is a written engagement of one person to pay 
another person therein named, absolutely and unconditionally, a certain sum of 
money at a time specified therein. 

A note executed by a minor is voidable, not void, because the minor, may,, 
upon becoming of age, confirm it. 

A married woman’s note is valid. 























328 


MICHIGAN FARM LAWS. 


A note signed by a person when intoxicated is valid if such person knew the 
nature of his act and was aware of what he was doing. 

A note made on Sunday is void. 

Notes given to prevent criminal proceedings are void. 

Bohemian Oats Notes are void as between the maker and payee, and any one 
having knowledge of the nature of the transaction, so, also, any note given in a 
transaction which is contrary to public policy. 

A note, the person who purporting to maker of which signed the same by 
procurement through fraud and deceit, is not collectible in the hands of a bona fide 
purchaser. 

The words “value received” are not necessary to the validity of a promissory 
note, but are an admission by the maker of adequate consideration throwing the 
burden immediately upon him to show want of consideration if he should offer 
that as a defence in an action brought to collect the note. 

Any material alteration of a note without the consent of the person responsible 
on it will make it void as to such person, even in the hands of a bona fide purchaser. 

As a general rule, it may be considered that a promissory note, in the hands 
©f a bona fide holder for value and without notice, is not subject to defenses, and 
renders the maker liable for payment, at all events; but if note was obtained 
by force, fraud or theft before delivery, or has been fraudulently altered, or was 
obtained by such fraudulent means as to make it, in effect, a forgery, payment 
could not be enforced even by a bona fide holder. 

XIII. RECEIPTS. 

Receipt on Account. 

$14.00. Lansing, Mich., February 24, 1908. 

Received of Wm. Sheldon, Fourteen Dollars to be applied on ac-' 
coount. Jno. Mansfield. 

Receipt in Full of Account. 

$84.00. Lansing, Mich., February 28, 1908. 

Received of Wm. Sheldon Eighty-four Dollars in full of account 
of money due for wood. 

Jno. Mansfield. 

In Full of all Demands. 

$300.00. Monroe, Mich., March 1, 1908. 

Received of James Johnson, Three Hundred Dollars in full of all 
demands. 

Clarke Woodson. 

Receipt for Rent. 

$13.00. Flint, Mich., Feb. 15, 1908. 

Received of Herman Ford, Fifteen Dollars in full payment of rent 
to February 1st, 1900, for residence at No. 66 Wicker street. 

Simon Leeland. 

Receipt of Payment on a Note. 

(Must be indorsed on note.) 

January 6th, 1902, received on the within note Fifty Dollars ($50.00.) 


BUSINESS FORMS. 


329 


Receipt to Third Party. 

$80.00. Adrian, Mich., June 6. 1908. 

Received of Harrison Hanford by the hand of Samuel Haynor, 
Eighty Dollars, in full settlement of the account of said Hanford. 

Hugh Hubbardson. 

Receipts for Papers, Etc. 

Hillsdale, Mich., March 1, 1908. 

Received of Heber Tolman, two bonds of the State Traction Co., 
•of $100 each, and one promissory note of $200, dated August 1st, 1901, 
and signed by Joseph Meier; said property to be re-delivered to said 
Heber Tolman on demand. Robert Sherman. 


XIV. WILL. 

I, (name of testator here), of {residence) , in the County of {name 
of county), and State of Michigan being of sound mind and memory, do 
make, publish and declare this to be my Last Will and Testament, in 
manner following, viz: 

First, I will and direct that all my just debts and funeral expenses 
he paid in full. 

Second, I give, devise and bequeath... 

Third, . 

Fourth, .• •... 

Fifth, . 

Sixth, I hereby appoint {name of person appointed executor or 
•executrix), of {residence of such person appointed), Executor of this 

my Last Will and Testament. 

Lastly, I hereby revoke all former wills by me at any time made. 

In witness whereof, I have hereunto set my hand and seal this 


.day of.in the year of our Lord one thousand nine 

hundred and .. (190..). 

-[seal.] 

On this.day of.A. D. 190.. {name of testator), 


of {residence), in the County of-• .and State of Michigan 

signed the foregoing instrument in our presence, and declared it to be 
h. .Last Will and Testament, and as witnesses thereof we do now, at h.. 
request, in h.. presence, and in the presence of each other, hereto sub¬ 
scribe our names. 


-, residing at 
-, residing at 

















CHAPTER 35. 

Model Business Letters. 

Letter of Introduction. 

Detroit Mich., April 1, 1908. 

David Parker, Esq., Halsey P. O., Michigan: 

Dear Sir: I have the pleasure of introducting to you my friend,. 
Mr. B. M. Harris, of this city. He intends visiting your community 
in a iew days on business matters, and will call on you, at my sugges¬ 
tion. Any favors you may show him will be highly appreciated by him 
as well as myself. 

Yours very truly, 

H. E. Benjamin. 


Another Form. 

Halsey P. O., Michigan, April 1, 1908. 

H. E. Benjamin, Esq., Detroit, Mich.: 

Dear Sir: Permit me to introduce to you Mr. B. M. Hariis, a 
prominent farmer and -stockraiser in this locality. He will visit Detroit 
for the transaction of some business. As he will be a stranger there 
I feel that you can give him information that will be valuable to him. 
Any courtesies you may show him will be fully appreciated by him and 
myself. . 

Yours truly, 

David Parker. 


Inquiry as to Responsibilty. 

Detroit Mich., April 1, 1908. 

David Parker, Esq., Halsey P. O., Michigan: 

Dear Sir: We have an order for one of our machines from John 
Doe, a farmer residing in your neighborhood. As he asks for credit 
as to part payment of the purchase price of the machine, we desire to 
inquire of you as to his financial responsibility, etc. We assure you that 
all information given us will be treated in a strictly confidential manner. 
Please send us the desired information at once and greatly oblige, 

Yours truly, 

Queen City Co. 


330 


MODEL BUSINESS LETTERS. 


331 


Favorable Answer, 

Halsey P. O., Michigan, April 3, 1908. 

Lake City Co., Detroit, Michigan : 

Gentlemen : Your favor of the 1st inst. with reference to John 
Doe is at hand. In answer thereto I wish to say that Mr. Doe has a 
very high credit at home, pays his obligations promptly and has the 
means of meeting any debt which he may contract for a machine. 

Yours truly, 

David Parker. 

Unfavorable Answer. 

Halsey P. O., Michigan, April 3, 1908. 
Lake City Co., Detroit, Michigan : 

Gentlemen : Yours of the 1st inst. regarding John Doe received. 
In answer I will say that Mr. Doe for some time back has been asking 
extensions on his obligations, and, while apparently honest, is not credited 
by business men who know him, with having either the means or ability 
to pay promptly. He is not regarded as a good risk. 

Yours confidentially, 

David Parker. 

Letter to Insurance Company Announcing Loss by Fire. 

Hillsdale, Michigan, May 17, 1908. 

John Doe, Esq., Agent Aetna Fire Insurance Co., Detroit, Mich.: 

Dear Sir : The. barn located on my premises which I insured in the 
Aetna Fire Insurance Company through you on September 10, 1908, for 
$800, v/as destroyed by fire, Sunday, May 9, 1908. The number of the 
policy is 167181. Please come and view the premises and adjust the 
matter as soon as possible, and oblige, 

Yours respectfully, 

Richard Roe. 

Letter to Agricultural Experiment Station. * 

Stanton, Michigan, April 18, 1908. • 

Superintendent Agricultural Experiment Station: 

Dear Sir: Will you please put me on the mailing list to receive 
your monthly bulletins and such other matters issued by you as will be 
of benefit to me. 


Yours truly, 


John Farmer. 


332 


MICHIGAN FARM LAWS. 


Letter to State Representative, or Senator. 

Grayling, Michigan, April 15, 1908. 

Hon. Simon Blank, Representative, Lansing, Michigan: 

Dear Sir: I have been informed that Mr. member 

from ., has introduced a bill to ( Here state the 

object of the bill.) 

Will you kindly procure a copy of the bill and forward same to me, 
as I wish to examine its provisions. My information leads me to be¬ 
lieve that ( Here say it is a meritorious measure , or, is not a meritorious 
measure). I would be pleased to have your opinion on the merits of the 
said measure. 

Yours truly, 

H. K. Lukens. 

Letter to Congressman. 

Hillsdale, Michigan, May 1, 1908. 

Hon. Richard Roe, M. C., Washington, D. C.: 

Dear Sir : As one of your constituents I write to ask that you pro¬ 
cure for me the last report of the Secretary of Agriculture, which I want 
for the discussion it contains on the diseases of cattle and swine. I wish, 
also, that you place me on your mailing list, and the mailing lists in 
such government departments as will secure me all the agricultural 
reports, etc., that are for distribution to the people and which wilt be 
of benefit to me in my occupation of farming. I will be under many 
obligations to you for the above favors. 

Yours truly, 

John Doe. 

Letter to Township or County Officers, Regarding Stock Running 

at Large. 

Eden, Michigan, June 22, 1908. 

To the Honorable Board of Supervisors, . Township: 

Gentlemen : About twenty head of live stock are running at large 
on the public highway in this vicinity, much to the annoyance of myself 
and others, and to the great damage of young trees planted along the 
roads and growing crops in adjoining fields. Please take such measures 
at once as will abate this great nuisance and save further destruction of 
property. 


Yours truly, 


A. B. 





MODEL BUSINESS LETTERS. 


33a 


Regarding Breachy Stock. 

Lambert, Michigan, June 15, 1908. 

John Doe, Esq.: 

Dear Sir: Your cattle have been in my wheat and my corn within 
the past week doing considerable damage in the former. As I have 
taken all reasonable precautions to put the fences in good repair without 
effect, I am obliged to ask you to use such means as will keep your 
cattle out of my crops. Please give this matter your immediate atten¬ 
tion and oblige, Yours truly, 

Richard Roe. 

Regarding Diseased Stock. 

Homer, Michigan, May 15, 1900. 

John Doe, Esq.: 

Dear Sir: I wish to caution you not to let your sheep, which are 
infected with both grub and foot-rot, run out on the public road again 
until said diseases have been cured or the sheep disposed of. I am 
obliged to take my sheep over the same road, and should they become 
infected with either of those diseases I would be compelled to look to 
you for damages. I want to avoid all matters of that nature and the loss 
which would result to both of us. Therefore I offer the above suggestion. 

Yours truly, 

Richard Roe. 

Regarding Repair of Line Fence. 

Newark, Michigan, April 15, 1908. 

John Doe, Esq.: 

Dear Sir : As I want to put stock on my pasture as soon as the 
season opens I hope you will repair your part of the line fence between 
us, which is much out of condition and will not turn stock. I have al¬ 
ready repaired my part and trust you will attend to yours by April 30th. 

Yours truly, 

Richard Roe. 

Regarding Cleaning Joint Open Ditch 

Cloverdale, Michigan, April 1, 1908. 

John Doe, Esq.: 

Dear Sir: I am ready to clean out the portion of the ditch assigned 
to me, but it is useless to begin the work until you clean your part below 
me, as the upper part we will fill up at once unless the lower sections 
are cleaned first. Please do the work assigned to you as soon as 
possible and greatly oblige, Yours truly, 


Richard Roe. 


334 


MICHIGAN FARM LAWS. 


Announcing Financial Embarrassment, and Asking Extension of 
Time for Payment of Obligation. 


Addison, Michigan, October 1, 1908. 


Harmon & Co., Chicago, III.: 

Gentlemen : On account of failure of my wheat crop this season 
and later, the loss the thirty head fat hogs by cholera, I find myself 
unable to pay my debts, and among them, the one of $115.00 owing you 
for machinery. While extremely embarrassing to me to do so, I am 
compelled, because of said losses which I have sustained, to ask you 
and all others to whom I am indebted to wait until next season for pay¬ 
ment. My corn crop is all that I have left and it will not more 
than pay my rent and carry me through to next harvest. Under these 
circumstances, I hope you will arrange to extend me at least ten months 
further time. I am willing to pay interest during extension, and will 
endeavor to discharge the obligation promptly at the end of the period. 
Hoping for a favorable response, I am 

Yours truly, 

Richard Roe. 


Answer to Above. 


Chicago, III., October 5, 1908. 

Richard Roe, Addison , Michigan: 

Dear Sirs Your favor of the 1st received. In answer thereto 
we will say that while we were fully expecting payment of the amount 
you owe us, we are willing to assist you in your exceedingly unfortu¬ 
nate condition. As we cannot make use of over-due paper, we ask that 
you take up the old note with a new one covering time of extension for 
payment. One of our representatives will be in your locality within a 
few days, and will come to see you and arrange the matter with you. 

Yours truly, 

Harmon & Co. 


Notices Regarding Note About to Fall Due. 

Lathrop, Michigan, June 1, 1908. 

John Doe, Esq.: 

Dear Sir: Your note of $150 will become due June 15, 1908. Please 
pay the same promptly and oblige, 

. Yours truly, 

Richard Roe. 
Lathrop, Michigan, June 1, 1908. 

John Doe, Esq.: 

Dear Sir: Regarding your note which is now seven months past 
due, and which I have been holding for your accommodation, I 


< 


am 


MODEL BUSINESS LETTERS. 


335 


obliged to ask that you make payment within the next ten days. Please 
be ready to take up the note within that time and greatly oblige, 

Yours truly, 

Richard Roe. 

Apology for Delay in Payment of Note. 

Lathrop, Michigan, June 3, 1908. 

Richard Roe, Esq.: 

Dear Sir : I regret deeply that I have not been able to meet my 
-obligations promptly, but the circumstances causing delay were not 
within my control. I am now regaining lost ground, however, and will 
pay your note within the time specified by you. Enclosed find my check 
for $50 as a partial payment. The balance will be paid promptly accord¬ 
ing to request. Yours truly, 

John Doe. 

Requesting Settlement of Account. 

Flint, Michigan, June 1, 1908. 

H. B. Rowley, Esq., Chandler, Mich,: 

Dear Sir : As we are under the necessity of meeting our obliga¬ 
tions promptly, we are compelled to ask payment of those who owe us. 
Since your account is now more than two months past due, we hope to 
•receive a remittance this week covering the same. 

Yours respectfully, 

Howard & Co. 

Letter Declining to Extend Further Time to Pay Obligation. 

Flint, Michigan, May 1, 1908. 

John Dearborn, Esq., Middletozvn, Pa.: 

Dear Sir: Your favor of June 28th, requesting further time in which 
to make payment of your note received. In answer thereto I am obliged 
to say that I can not consent to another extension. Please prepare to 
take up said note according to agreement made some time ago, and 
greatly oblige, Yours truly, 

Samuel Harrison. 

Requesting Payment of Rent of House. 

Ridgeway, Michigan, April 3, 1908. 

Mr. John Doe: 

Dear Sir: The monthly rent of ten dollars for the month of March 
for the use of the house you are now occupying is due at the present 


336 


MICHIGAN FARM LAWS. 


time. Please forward that amount to me as soon as possible that we 
may keep the account in accordance with our agreement. 

Yours truly, 

Richard Roe. 

Tenant to Landlord, Requesting Extension of Time to Pay Rent. 

Marshall, Michigan, September 1, 1908. 

John Doe, Esq.: 

Dear Sir : Because of very unfortunate circumstances surrounding 
me and of which you already have knowledge, I will not be able to pay 
this years rent when the same falls due October 1st, next, but I have 
arrangements completed to make payment in full on or before January 
1st, 1909. Trusting that you will be able to afford me this accommo¬ 
dation, I am, 

Yours truly, 

Richard Roe. 

Answer of Landlord to Foregoing Request. 

Marshall, Michigan, September 3, 1908. 

Richard Roe, Esq.: 

Dear Sir: Yours of September 1st, received. I am fully aware of 
your reasons for desiring more time for payment of rent, and I wish to 
assure you, without delay, that it affords me much satisfaction to grant 
vour request, since you have always been prompt heretofore in your pay¬ 
ments. Hoping that your plans will mature as you have laid them, I am 

Yours truly, 

John Doe. 

Refusal of Tenant to Pay Rent. 

Howell, Michigan, September 1, 1908. 

John Doe, Esq.: 

Dear Sir: On account of your failure to repair ditches and under¬ 
drains as you agreed, when I took your farm, I suffered great loss from 
the spring freshets. As it was through your neglect that my loss oc¬ 
curred I do not feel under obligation to comply with your request for 
the payment of rent. You understand the situation I am in, therefore I 
wish to say that further demand upon me will be useless. 

Yours respectfully, 

Richard Roe. 


MODEL BUSINESS LETTERS. 


337 


■yr 


Letter Requesting a Loan of Money. 

Pontiac, Michigan, March 15, 1908. 
John Doe, Esq., Howell, Michigan: 

Dear Sir : On account of some extraordinary expenses entailed upon 
me by reason of turnpike assessment, etc., I am obliged to procure a loan 
of $100 until after harvest. If you have that amount at your disposal, I 
would be pleased to have it for eight months. I am willing to pay 7% 
interest and give you good security. An early reply will be appreciated. 

Yours truly, 

Richard Roe. 

Favorable Answer. 

Howell, Michigan, March 16, 1908. 
Richard Roe, Esq., Pontiac, Mich.: 

Dear Sir: Yours of yesterday received. In answer I wish to say 
that I have the money and will accommodate you any day you may 
come over. Yours truly, 

John Doe. 

Unfavorable Answer. 

Howell, Michigan, March 16, 1908. 
Richard Roe, Esq., Pontiac, Mich.: 

Dear Sir: Yours of yesterday received. In answer thereto I wish 
to say that I would be pleased to accommodate you, but on account of 
failure in payment of money owing me I am not now in a position to 
spare the amount you need. I trust you will not have difficulty in 
procuring it elsewhere. 

Yours very truly, 

John Doe. 

Letter to Tenant Advising Certain Crops. 

Mason, Michigan, March 1, 1908. 

John Doe, Esq.: 

Dear Sir: Regarding the spring crops, I would suggest that you 
put all of the lower field in corn, excepting about four acres on the 
south side, which I think should be sowed in oats. You will remember 
that we discussed this matter a couple of months ago, but did not ar¬ 
rive at any definite conclusion as to this one field. I will not come out 
to the farm until May 1, therefore I am obliged to make the above 
suggestion by letter. Hoping that you may view this matter as I do, 
and wishing you success with your work, etc., I am, 

Yours truly, 


22 M R L 


Richard Roe. 



338 


MICHIGAN FARM LAWS. 


Letter to a Prospective Tenant for Farm. 

Cold water, Michigan, March 1, 1908. 
Joseph Rogers, Esq., Bucyrus, Michigan: 

Dear Sir : I am informed that you intend leaving the farm where 
you are now living and that you want to rent another. If my informa¬ 
tion is correct and you have not yet secured another place, I would be 
pleased to have you come to see me at once with reference to taking 
my farm of one hundred and twenty acres, one mile south of this vil¬ 
lage. xlf you can not come, please telephone me tomorrow evening at my 
expense. Yours truly, 

Samuel Haskins. 

Letter to Farm Hand. 

Charlotte, Michigan, February 1, 1908 

John Doe, Esq.: 

Dear Sir : If you are not yet engaged for the season please call 
and see me this week or the first of next. I am willing to pay you 
eighteen dollars per month and board and washing for nine months, 
beginning March 1st, next. Please come or write, informing me whether 
the above terms will be satisfactory. I am ready to enter into a written 
agreement any day you may come. 

Yours truly, 

Richard Roe. 

Application for Employment as Farm Hand. 

Hastings, Michigan, February 1, 1908. 

John Doe, Esq.: 

Dear Sir: If you have not yet employed any one to work for you 
on your farm during the coming season I would be pleased to call and 
see you with reference to securing the place. I can furnish the best of 
recommendations, etc. Hoping to hear from you at your earliest con¬ 
venience, I am Yours truly, 

John Day. 

Recommending a Farm Hand. 

Centreville, Michigan, February 18, 1908. 

To Whom it May Concern: 

This is to state that John Doe has been working with me on my 
farm for the past three years. During that time he has always been 
industrious and willing to work. He is careful and can at all times be 
trusted fully. Any additional information will be given on inquiry. 

Yours respectfully, 


R. »M. Cole. 



MODEL BUSINESS LETTERS. 


339 


Application for Position as Domestic. 

St. Joseph Michigan, February 15, 1908. 

Mrs. A. King: 

Dear Madam : If you are in need of assistance in your house-work, 
I would be pleased to have you give me a trial. I have had five years* 
experience and can take full charge, including cooking, if occasion should 
require. I have the best of reference and am idle now only because of 
my former employer, Mrs. B. having moved to New York, as you well 
know. 

Please may I hear from you at once or within a day or two at 
farthest, and greatly oblige. 

Yours very truly, 

Miss Carrie Christie. 

Requesting Reference, Etc. 

Augusta, Michigan, October 20, 1908. 

Mr. John Doe , Lansing , Michigan: 

Dear Sir : I have your letter at hand requesting employment with 
me during the winter. I am in need of a young man this coming win¬ 
ter to care for the stock. As we have had no previous acquaintance I would 
be pleased to have you send me a letter of recommendation from your 
former employer and any other reference you may have. 

Yours truly, 

Richard Roe. 


Letter Recommending a Gardener. 

Lansing, Michigan, March 1, 1908. 

To Whom it May Concern: 

I have had Mr. James Blucher in charge of my gardens for the past 
four reasons, but having now given up said gardens, Mr. Blucher will 
seek employment elsewhere. In severing relations with him I wish to say 
on his behalf that he is an. honorable man and a gentleman, and has no 
superiors and few equals in his occupation of chief gardener. Any one 
wishing to employ him, may, if more information regarding him is desired, 
call and see me, or write to me for further particulars. 

Respectfully, 

James Kingsley. 

Recommending a Farm Tenant. 

Lapeer, Michigan, February 28, 1908. 

To Whom it May Concern: 

This is to certify that the bearer, Richard Roe, has been a tenant 
on my farm during the last three years. He is a man of industrious 


340 


MICHIGAN FARM LAWS. 


habits and understands the management of a farm so as to make it 
most productive. Any additional information regarding Mr. Roe will 
be given on inquiry. 

Yours respectfully, 

John Doe. 

Inquiry for a Reliable Commission Merchant. 

Ionia, Michigan, May 15, 1908. 


The Produce Bank , Chicago , III.: 

Gentlemen : Will you please send me the name of a reliable firm 
of commission merchants, handling fruits, vegetables, etc., in Cincinnati, 
and greatly oblige. 

Stamp enclosed for reply. Yours truly, 

Richard Roe. 

Inquiry Concerning Price of Potatoes. 

Ionia, Michigan, October 1, 1908. 

John Doe & Co., Commission Merchants, Chicago, III.: 

Gentlemen : Please quote me your best prices for good potatoes 
(Early Ohio) and oblige. I have about 150 bushels myself, and can 
get enough to make a car load. If prices suit, I will make a shipment 
by the 10th of the month. Awaiting an early reply, I am 

Yours truly, 

Richard Roe. 

P. S. — You are recommended to me by the Home Banking Co. 
Letter Announcing Intent to Ship Potatoes. 

Ionia, Michigan, October 4, 1908. 

John Doe & Co., Chicago, III.: 

Gentlemen : Your quotation of 65 cents per bushed for potatoes 
delivered in Chicago received. As you also announce that the market 
is improving I will ship you a car load by the 10th and will sell on 
the market at that date. Yours truly, 

Richard Roe. 

Announcing Shipment of Potatoes. 

Ionia, Michigan, October 10, 1908. 

John Doe & Co., Chicago, III.: 

Gentlemen : I have this day shipped you one car load of good po¬ 
tatoes, via . Ry. They will probably arrive in Chicago 



MODEL BUSINESS LETTERS. 


341 


tomorrow. Please sell them to best advantage and remit, less freight 
and your commission. Find bill of lading inclosed. 

Hoping that the markets are up, I will await returns from you. 

Yours truly, 

Richard Roe. 


Letter of Credit. 

Detroit, Michigan, June 15, 1908. 

Felix Fournier & Co., New Orleans, La.: 

Gentlemen : Please extend John Doe, Esq., credit for such farm¬ 
ing machinery as he may select, to an amount not exceeding five hun¬ 
dred dollars ($500.00) for six months and I will be responsible to you 
for the payment, should he fail to discharge the obligation at the date 
of maturity. 

Kindly inform me of the amount of his purchase and the date on 
which it will fall due. Should he default in payment, please notify me 
of the fact without delay. 

Yours respectfully, 

Richard Roe. 

Application of Farmer to Employment Agency for Help During 
Harvesting Season. 

Deerfield, June 1, 1908. 

Supt. Michigan Free Employment Bureau, Detroit, Mich.: 

Dear Sir: I wish to secure four men to help me during the har¬ 
vesting season. I will have ten days’ work beginning about June 20. 
I will pay $1.75 per day and board, lodging and railroad fare from De¬ 
troit to Deerfield. Please let me know within the coming week what 
the prospects are for getting them through the State Bureau. 

Yours truly, 

Richard Roe. 











SUPPLEMENT 


TO 

MICHIGAN FARM LAWS 


CONTAINING 


Laws Passed by the Legislature at 
the Session of 1911 


Note. — The page references direct the reader to 
the same subject in the book proper. 



CONTENTS OF SUPPLEMENT. 


PAGE 

Animals . 3 

Dairy and food laws. 5 

Drainage . 6 

Fish laws . 10 

Game laws . 12 

Husband and wife. 19 

Holidays and other designated days...'. 20 

Liens . 20 

Offenses . 21 

Promotion of farming interests of the state. 23 

Roads . 23 

Taxation . 28 

Trees and timber.*. 30 

Time limit for commencing suits at law. 32 



















ANIMALS. 

(Pages 1-34.) 


No. 82, Public Acts, 1911. 

Proving breeding of horses: Sec. I. Whenever it becomes neces¬ 
sary to show the breeding of any horse in-any action at law or in equity, 
the same may be shown by Wallace’s Year Book, Wallace’s American 
Trotting Register, The American Percheron Horse Breeders and Impor¬ 
ters Association, Percheron Society of America, The American Percheron 
Horse Breeders’ Association or the Percheron Stud Book of America; 
and whenever a horse is registered in any of the registers aforesaid, or 
with said society or either of said associations, the record of such 
registration or the society’s or association’s certificate of such registration 
under its corporate seal shall be prima facie evidence of the breeding 
of such horse. _ 

No. 141, Public Acts, 1911. 

Tax upon dogs: Sec. i. In all townships and cities of this State 
except in cities having and enforcing an ordinance imposing a tax or 
license fee on every dGg owned or harbored in said city, there shall be 
annually levied and collected the following tax upon dogs: Upon every 
male dog over six months old owned or kept by one person or family, 
one dollar; upon every female dog over six months old owned or kept 
by one person or family,' three dollars: Provided, That the tax upon a 
female dog whose ovaries have been removed shall be one dollar, and 
shall be so levied by the supervisor in every case when the person own¬ 
ing such dog shall file with such supervisor a certificate under oath of a 
veterinary surgeon that the ovaries of such dog had been removed: 
Provided further, That any person keeping of having in possession dogs 
for boarding or for breeding purposes, and the selling and exchange of 
such dogs, not less than five in number, may obtain from the township 
or city clerk a kennel license for the kenneling of dogs and shall pay for 
such license in lieu of all other tax the sum of twenty-five dollars, which 
license ' shall not be granted for a period exceeding one year and shall 
expire on the second Monday of April of each year. 


No. 256, Public Acts, 1911. 

Enrollment of stallion: Sec. i. Every person, firm, association 
or company, using or offering for use for public service any stallion in 
this State shall cause the name, description and pedigree of such stallion 
to be enrolled by the State Veterinary Board and shall procure a certifi¬ 
cate of such enrollment from said board': Provided, however, That this 

3 




4 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


shall not apply to stallions not claimed to be by standard or pure bred 
sires or dams. 

How to obtain license: Sec. 2 . In order to obtain the license 
certificate hereinafter provided for, the owner of each stallion shall for¬ 
ward the studbook, certificate of registration, and any other documents 
that may be necessary to define and describe said stallion, his breeding 
and ownership, to the State Veterinary Board. The officers of said board, 
whose duties it shall be to examine and pass upon the merits of each 
pedigree submitted, shall use as their standard of action the studbooks 
and signatures of the duly authorized officers of the various pedigree 
registration associations, societies or companies recognized by the United 
States department of agriculture. Upon verification of pedigree or cer¬ 
tificate of breeding, a license certificate shall be issued to the owner by 
the State Veterinary Board, copies of which certificate said owner shall 
post and keep affixed during the entire breeding season in a con¬ 
spicuous place both within and upon the outside of every building where 
such stallion is kept for public service. 

What posters and advertisements to contain: Sec. 3 . Every b ( ill 
or poster issued by the owner of any stallion licensed under the pro¬ 
visions of this act, or used by him or his agent for the purpose of adver¬ 
tising such stallion, shall contain a copy, of the certificate of enrollment 
of such stallion, and said bills or posters shall not contain illustrations, 
reference to pedigree or other statements that are untruthful or mis¬ 
leading. Reference to such stallions in newspapers, stock papers and 
other advertising medium shall contain the name of such stallion, num¬ 
ber of certificate of enrollment, and shall designate in letters not smaller 
than pica whether said certificate reads “Pure bred,” “Grade,” or “Non¬ 
standard bred.” 

Section 4 gives the form of the license certificate issued to the 
owner by the State Veterinary Board. 

Section 5 requires the payment of a fee of one dollar to the State 
Veterinary Board for enrollment and one dollar for the license certifi¬ 
cate. The certificate of enrollment may be transferred upon change of 
ownership on the payment of fifty cents. 

Section 6 defines the power of the State Veterinary Board to make 
examinations, issue license certificates and to compile and publish statistics 
relative to horse breeding in Michigan. 

Section 7 relates to foreign stallions brought into the State, subject¬ 
ing them to examination by the State Veterinary Board. 

Penalty for violations: Sec. 8 . Any person, firm, company or 
association violating any of the provisions of this act shall be deemed 
guilty of a misdemeanor, and shall upon conviction thereof be punished 
by a fine of not less than twenty-five dollars nor more than three hun¬ 
dred dollars, or by imprisonment in the county jail not more than thirty 
days, or by both such fine and imprisonment in the discretion of the 
•ourt. 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


5 


DAIRY AND FOOD LAWS. 

(Pages 46-69.) 

No. 248, Public Acts, 1911. 

Milk commission: Sec. i. Authority is hereby given the board 
of health of any city, village or township in this State, so constituted as 
-to have in its membership two or more physicians duly authorized to 
practice medicine under the laws of this State* to appoint five physicians 
duly authorized to practice medicine under the laws of this State a 
medical milk commission for the purpose of supervising the production, 
transportation and delivery of milk, which it is intended to use for infant 
feeding, sick-room clinical purposes in said city, village or township. 
In cities, villages and townships not having a board of health so con¬ 
stituted as above stated, the State Board of Health may make such ap¬ 
pointment. All members of such milk commission shall have and possess 
all the' powers and immunities provided by this act or any other act 
relating to the appointees of such board of health, while performing 
their duties as such appointees. * * * 

Other sections of this act provide that the milk commission has power 
to enter into agreement with dairymen for the production of milk for the 
purposes enumerated in section one, and to prescribe the condition under 
which such milk shall be produced, the standards not to be below those 
fixed by the State Board of Health. The container shall have attached 
thereto a seal bearing the name of the commission and the date of the 
production of the milk. The work and methods of the commission shall 
be subject to investigation by the local and State boards of health. 
Fraudulent use of the seal is punishable by a fine of not less than fifty 
nor more than five hundred dollars or imprisonment in the county jail 
not more than ninety days, or both fine and imprisonment. 


No. 257, Public Acts, 1911. 

Unlawful to open milk bottles: Sec. i. From and after the date 
on which this act takes effect, it shall be unlawful for any driver of any 
milk wagon, or any distributor of milk, or any person whatsoever, ex¬ 
cept legally authorized milk inspectors and persons to whom such milk 
is delivered, to open milk bottles or in any way interfere with or molest 
the caps or covers of the same after such milk bottles shall have been 
closed at the creamery, or during the process of the delivery of said milk, 
or after said milk shall have been delivered in due course of business 
and in the ordinary manner. 

Penalty: ‘ Sec. 2 . Any person violating any „of the provisions 
of this act shall be deemed guilty of a misdemeanor, and upon conviction 
thereof in a court of competent jurisdiction shall be punished by a line 
of not less than fifty dollars nor more than one hundred dollars, or by 





6 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


imprisonment in the county jail for not less than thirty days nor more 
than ninety days, or by both such fine and imprisonment in the discretion 
of the court. 


DRAINAGE. 

(Pages 84-96.) 

No. 185, Public Acts, 1911. 

Drain commissioner, election of: Sec. i. (Chapter 2 .) At the 
regular biennial election to be held on the Tuesday succeeding the first 
Monday in November, nineteen hundred twelve, and every second year 
thereafter, one county drain commissioner shall be elected in every organ¬ 
ized county in this State by the qualified electors thereof. The term of 
office of such county drain commissioner shall begin on the first day of 
January next succeeding his election and continue for a period of two 
years thereafter and until his successor shall be elected and qualified. 
In case of a vacancy occurring in the office of county drain commissioner 
for any cause, the same shall be filled as soon as practicable thereafter 
by the appointment by majority vote of the county clerk, prosecuting at¬ 
torney and judge of probate of the county, of which appointment they 
will file their certificate under their hands and seals in the office of said 
county clerk; and it shall be the duty of the county clerk to make report 
to the Secretary of State of the appointment and qualification of said 
county drain commissioner. Such county drain commissioner whether 
elected or appointed to fill a vacancy, before entering upon the duties of 
his office, shall take, subscribe and file with the county clerk the consti¬ 
tutional oath of office, and shall also within the same time execute and 
file with such county clerk a bond to the people of the State of Michigan 
in the penal sum of five thousand dollars with two or more sufficient 
sureties to be approved before filing by the county clerk, county treasurer 
and judge of probate, conditioned upon the faithful discharge of the 
duties of his office: Provided, That the board of supervisors of any 
county may fix the bond to be required of the drain commissioner at a 
different amount, when in its judgment the* same may be desirable. 

Route for proposed drain: Sec. 2 . (Chapter 3 .) Upon the 
filing of such application, the county drain commissioner authorized to 
act thereon shall as soon as practicable thereafter notify the township 
clerk or clerks of the township or townships through which the proposed 
drain passes of the filing of such petition, giving a copy or copies thereof. 
Within thirty days after the service of said notice upon him or them, it 
shall be the duty of the clerk or clerks so notified to call a meeting or 
joint meeting of the township board or boards, as the case may be, at 
some place to be designated by said drain commissioner, and which 
place shall be as centrally located as possible, giving notice of the time 
and place of such meeting and causing a notice thereof to be published 




SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


7 


for not less than one week in a newspaper published and in general 
circulation in the county. At the time and place fixed in said notice the 
township board or boards shall meet, and if more than one township be 
affected, then the boards shall meet in joint session, form themselves into 
one board, elect a chairman and secretary and proceed to determine the 
necessity of said drain and whether the same is necessary and con¬ 
ducive to public health, convenience and welfare. At such meeting all 
persons owning lands liable to assessments for benefits, or whose lands 
shall be crossed by said drain, may appear for or against said drain 
proceedings. After hearing the evidence so offered as herein provided 
by all persons appearing for or against the drain proceeding, the board or 
boards, as the case may be, shall make their determination upon the ne¬ 
cessity of said drain and whether the same is necessary and conducive 
to public health, convenience and welfare. If the said board or boards 
shall find by a majority vote of the whole number of members present 
and voting thereon, that the said drain is not necessary or conducive to 
public health, convenience and welfare, they shall dismiss the petition and 
no further petition for said drain shall be legal if made within one year 
after such determination. If said board or boards by a majority vote 
as aforesaid shall find said drain so proposed to be necessary and con¬ 
ducive to the public health, convenience and welfare, they shall make 
their order to that effect and file the same with the said county 
drain commissioner. The members of the township board or boards for 
their services under this section shall be compensated at the rate provided 
by act number ninety-eight of the public acts of nineteen hundred seven, 
to be paid from the general fund of township or townships. Said com¬ 
missioner shall, as a means of determining the practicability thereof, 
make a survey and measurement of the line of the proposed drain, or 
cause the same to be made by a competent surveyor. If upon such survey 
he shall find such drain to be practicable he shall within ninety days make 
his first order of determination in writing in accordance therewith, 
therein particularly naming such drain, by which it shall thereafter be 
known, and shall establish the commencement, route and terminus of such 
drain, and the width, length and depth threof, and shall set survey or 
grade stakes not more than eight rods apart. For such purposes he shall 
have the right to enter upon such lands traversed by the route of the 
proposed drain or otherwise connected with the purpose of the proceed¬ 
ing. In locating such drain the county drain commissioner shall not be 
limited or confined to the precise starting point, route or terminus set 
forth in the application. The record or minutes of the survey shall show 
the line and route of the drain, the point where the line of the drain 
crosses the boundary lines of each Gvraer’s land and the length thereof 
upon his land and the width of surface excavation that will be required 
in its construction, and shall also show by words or letters and figures 
the width of ground that will be required for the disposition of earth, 
and every release of right of way shall be deemed to include the ex- 


»■ 


8 SUPPLEMENT TO THE MICHIGAN EARM LAWS. 

treme width thus shown: Provided , That if said township board or 
boards fail to agree as to the necessity of said drain, and whether the 
same is necessary and conducive to public health, convenience and wel¬ 
fare, where there are two or more townships interested within the same 
county, the county drain commissioner of said county shall determine as 
to the necessity of said drain. 

Section 1 (Chapter 5) relates to the cost of construction and 
apportionment. 

Section 2 (Chapter 7) provides for a meeting of the drain commis¬ 
sioners, and in case of disagreement for appeal to the State Highway 
Commissioner, whose decision shall be final. 

Section 4 (Chapter 7) relates to the apportionment of cost of con¬ 
struction. 

Repairing of drains: Sec. 8. Whenever a drain heretofore es¬ 
tablished and which was constructed in and traverses more than one 
county, needs cleaning out, deepening, widening and extending, any five 
freeholders of either county by which such drain is traversed or affected, 
one or more of whom shall be owners of land which at the time of the 
construction was assessed therefor, may make application to the county 
drain commissioner of either county in which such drain is situated, set¬ 
ting forth the necessity thereof. 

(The further proceedings shall be the same as provided in this chap¬ 
ter relative to drains in more than one county, and Chapter 8 relative to 
establishing drains.) 

Application to clean out drain: Sec. i. (Chapter 8.' Whenever 
a drain or any portion thereof needs cleaning out, one-fourth of :he free¬ 
holders whose lands are traverse! by said drain liable to an assessment 
for benefits on account of the proposed improvement, may make appli¬ 
cation in writing to the county drain commissioner of the county in 
which such drain is located and the lands to be affected thereby are 
situated, setting forth the necessity of such proposed work, ind the 
county drain commissioner shall, as soon as practicable thereafter, no¬ 
tify the township clerk or clerks of the township or townships through 
which the said drain passes, of the filing of such petition, giving a 
copy or copies thereof. Within thirty days after the service of said 
notice upon him or them, it shall be the duty of the clerk or clerks so. 
notified to call a meeting or joint meeting of the township board or 
boards, as the case may be, at some place as centrally located as passible, 
to be designated by said drain commissioner, giving notice of the time and 
place of such meeting, and causing a notice thereof to be published for 
not less than one week in a newspaper published and in general circula¬ 
tion in the county. At the time and place fixed in said notice, the town¬ 
ship board or boards shall meet, and if more than one township is af¬ 
fected, then the boards shall meet in joint session, form themselves into 
one board, elect a chairman and secretary, and proceed to determine the 
necessity of the proposed work. At such meeting all persons owning 




SUPPLEMENT TO THE MICHIGAN FARM LAWS. 9 

lands liable to an assessment for benefits, or whose lands are crossed by 
.said drain, may appear for or against said drain proceedings. After 
hearing the evidence so offered as herein provided by all persons appear¬ 
ing for or against the proposed work, the board or boards, as the case 
may be, shall make their determination upon the necessity of the said 
proposed work. If the said board or boards shall find by a majority vote 
of the whole number of members present and voting thereon that the 
said proposed work is,not necessary, they shall dismiss the petition and 
no further petition for the same purpose shall be legal if made within one 
year after such determination. If said board or boards by a majority vote 
as aforesaid shall find said proposed work to be necessary, they shall make 
their order to that effect and file the same with the said county drain 
commissioner. The members of the township board or boards for their 
services under this section shall be compensated at the rate provided by 
act number ninety-eight of the public acts of nineteen hundred seven, to 
be paid from the general fund of the township or townships. In all cases 
in which the township board or boards find the proposed work to be 
necessary, the county drain commissioner shall, as soon as practicable 
after the order of determination has been filed with him, go over the line 
of said drain and fix the per cent of the cost of cleaning out that the 
owners of lands benefited thereby shall be assessed therefor. In case 
such drain is deepened, widened or straightened, he shall make his first 
order of determination and take the steps thereafter to be taken as here¬ 
tofore provided for laying out and establishing drains: Provided, That 
such assessment shall be made according to the benefits received and shall 
be subject to appeal the same as in the first instance. Drains may be 
cleaned out, deepened, widened or straightened, and for any or all 
such proceedings only one application or proceeding shall be necessary. 
It shall not be necessary for the applicants in [in] such proceedings to 
further describe the drain or drains involved, than by referring to the 
recorded name or names thereof, but a reference to a drain describing 
it by its commencement and the teminus approximately and its general 
course or direction shall be sufficient without giving the name. In case 
where a water course shall need deepening, widening, cleaning out, 
straightening or extending, it shall be immaterial whether the application 
shall be to lay out and establish, clean out, deepen, widen, straighten 
or extend, but where a right of way shall be necessary the county 
drain commissioner shall take such steps to obtain a right of w T ay as here¬ 
inbefore provided: Provided , That if said township board or boards fail 
to agree as to the necessity of said drain and whether the same is 
necessary and conducive to the public health, convenience and welfares 
where there are two or more townships interested within the same 
county, .the county drain commissioner of said county shall determine as 
to the necessity of said drain. 

Sections repealed: Sec. 2. Section eight of chapter two of act num¬ 
ber two hundred fifty-four of the public acts of eighteen hundred ninety- 


10 SUPPLEMENT TO TPIE MICHIGAN FARM LAWS. 

seven, and section nine of chapter seven of act number three hundred 
twenty of the public acts of nineteen hundred nine, and all other acts and 
parts of acts contravening 'the provisions of this act are hereby repealed: 
Provided however , That this law shall not be construed as altering or re¬ 
pealing or in anywise affecting any county now operating under a local 
or special act. 


FISH LAWS. 

(Pages 128-134.) 

No. 34, Public Acts, 1911. 

Nets, unlawful, in certain waters: Sec. 2 . It shall be unlawful 
to place or set any kind of a net or to take or attempt to take any kind of 
fish with a net in any of the connecting waters between Lake Superior 
and Lake Huron and the connecting waters between Lake Huron and 
Lake Erie. For the purpose of this act, the connecting waters between 
Lake Superior and Lake Huron shall be defined, as all that part of the 
Straits of St. Mary in this State, extending from a line drawn straight 
from the most northerly point of Round Island to Point Aux Pins, to a 
line drawn due east and west from the most southerly point of Lime 
Island; and the connecting waters of Lake Erie and Lake Huron shall be 
defined as all of the St. Clair River, all of Lake St. Clair and all of the 
Detroit River extending from Fort Gratiot Light in Lake Huron to 
a line drawn east and west at the northerly end of Grosse Isle. It shall 
be unlawful to set any net in any direction from the mouth of any river 
or the mouth of the outlet of any inland lake: Provided, That it shall 
be lawful at all times to catch any kind of fish in these connecting waters 
with a hook and line. 


Noj 78, Public Acts, 1911. 

Fish shutes: Sec. i. Any person, firm or corporation owning 
or using any dam now existing or which may hereafter be con¬ 
structed across any river, stream or creek in this State, shall erect and 
maintain in good repair, sufficient and permanent fish shutes or fish lad¬ 
ders to admit of the free and uninterrupted passage of fish over or 
through such dam during the months of March, April, May, June, Sep¬ 
tember, October and November in each and every year: Provided, how¬ 
ever, That the State Game, Fish and Forestry Warden, may upon the 
written application of any owner or owners of a dam, issue a permit to 
close said fish shute during any or all of said months for the purpose 
of conserving the water power: Provided further, That as to streams 
smaller than those designated as rivers and which are not frequented 
by any considerable quantity of fish for which a closed season or sea¬ 
sons is provided by law, said warden may upon the written application of 
any owner or owners of a dam issue a permit waiving the building of 







SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


11 


such shutes, which waiver may be revoked at the pleasure of said war¬ 
den, who, on revoking the same may require the building of the shutes 
as provided in this act, on written notice of not less than sixty days 
to the owner or owners of such dam. Such shutes or ladders shall be 
erected and maintained by said owner or occupant of such dam, of 
such kind and placed in such manner as shall be prescribed by the State 
Game, Fish and Forestry Warden. 


No. 87, Public Acts, 1911. 

Act repealed: Sec. i. Act number ninety-seven of the public 
acts of nineteen hundred three, entitled “An act to prohibit the catching, 
killing or destroying of fish with seines or any species of continuous net, 
or with any form of spear or trap, or in any manner whatsoever, except 
with hook and line, in the waters of Crystal Lake, in the township of 
Crystal, county of Montcalm, Michigan, and providing a penalty there¬ 
for,” approved May twelfth, nineteen hundred three, is hereby re¬ 
pealed. _ 

No. 88, Public Acts, 1911. 

Act repealed: Sec. I. Act number sixty-six of the public acts 
of nineteen hundred five, entitled “An act for the protection of fish in 
the lakes and streams of the county of Montcalm, State of Michigan, and 
to repeal all acts or parts of acts inconsistent with this act,” approved 
April nineteenth, nineteen hundred five, is hereby repealed. 


No. 89, Public Acts, 1911. 

Lawful to take dog fish, carp and garfish with seine or net: Sec. 
1. Hereafter it shall be lawful under the regulations and restrictions in 
this act provided, to [to] take and remove with seines or nets, and de¬ 
stroy, in the inland lakes of this State, dog fish, carp, and garfish or bill 
fish. 

Warden to be present: Sec. 2 . The State Game, Fish and For¬ 
estry Warden may, in his discretion, cause to be taken or removed by 
seine or net, from any of the inland lakes of this State, and destroyed, 
all dog fish, carp, and gar-fish or bill fish: Provided, That before such 
action is taken there shall be filed with the supervisor of the township 
in which such inland lake may be located a petition signed by at least 
fifteen residents of such township requesting the same, and it shall be the 
duty of such supervisor forthwith to forward said petition to the State 
Game, Fish and Forestry Warden: Provided further, That the State 
Game, Fish and Forestry Warden, or a State deputy warden to be dele¬ 
gated by him, shall be present at the time and place of the taking, re¬ 
moving and destroying of the fish in this act provided and shall personally 
superintend- the same. 





12 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


No. 101, Public Acts, 1911. 

Round Lake, open season with hook and line: Sec. 1. Hereafter 
it shall be lawful in the months of December, January, February and 
March, in each year, to take or catch with hook and line any and all 
kinds of fish, except brook trout, rainbow trout, grayling* land-locked 
salmon and black bass, in Round Lake, in Lenawee county. 


No. 184, Public Acts, 1911. 

Unlawful use of seines and nets: Sec. 5 . It shall be unlawful 
for any person or persons to take or catch, or attempt to take or catch, 
any fish at any time with seines, pound nets, gill nets or any species of nets 
in any of the waters of this State, except Lakes Michigan, Superior, 
Huron, Erie and Saginaw. Bay, except as provided in act number seventy- 
six of the public acts of nineteen hundred seven, and the bays and har¬ 
bors connected with said lakes : Provided , That the use of dip nets in 
catching mullet, red sides, carp and suckers shall not be unlawful. 


No. 188, Public Acts, 1911. 

Green Bay, trap nets in: Sec. 1 . It shall be lawful to use pound 
or trap nets, the meshes of the pot, crib or pocket of which shall not 
be less than two inches, extension measure, as manufactured, for taking 
or catching perch, herring and other rough fish, in the waters' of Green 
Bay, within the counties of Delta and Menominee, from the first day of 
September in each year until the first day of July in the year following. 

Gill nets: Sec. 2 . It shall be lawful to use gill nets with 
meshes not less than three and one-eighth inches, extension measure, as 
manufactured, in the waters and during the time specified in section one 
of this act, for taking or catching fish commonly called ^Menominees 
Provided, That nothing in this act contained shall permit of the use of 
nets with meshes smaller than specified in act number eighty-eight. of the 
public acts of eighteen hundred ninety-nine, whenever and wherever it 
shall be shown that they interfere with or catch immature white fish, 
lake trout or wall-eyed pike. By immature fish is meant those so small 
that the taking thereof is prohibited by the general laws of this State. 


GAME LAWS. 

(Pages 135-158.) 

No. 50, Public Acts, 1911. 

Possession of carcass in closed season of game bird or animal 
not permitted: Sec. 20 . No person shall have in his possession the 
dead body or carcass or skin, or any portion thereof, of any animal or 
bird mentioned or referred to in this act during the time when the kill¬ 
ing of such animal or bird is unlawful, except as authorized by law, and 






SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


13 


excepting specimens, heads or pelts, prepared or mounted for scientific 
or educational purposes: Provided, however , That any person may have 
in his possession for thirty days after the closing of the season, deer 
lawfully killed during the open season, and may have in his possession for 
five days after the closing of the season, game birds, and other animals 
lawfully killed during the open season: Provided further, That no per¬ 
son, corporation or transportation company shall receive for transporta¬ 
tion, or have in possession at the initial billing station, the carcass or dead 
body of any animal or bird mentioned or referred to in this act, after - 
forty-eight hours immediately following the closing of the time when 
the killing of said animal or bird is authorized by law: Provided further > 
That any persbn engaged in rearing any of the animals mentioned in 
this act, within an enclosure, may kill for his own use and consumption 
at any time any of the said animals, and may sell and transport alive 
any of the said animals, and may kill, sell and transport without the 
State any of said animals, when accompanied by a permit from the 
State Game, Fish and Forestry Warden; and it shall be the duty of the 
said State Game, Fish and Forestry Warden to issue such permits upon 
application, when satisfied that such animals were so reared within an 
enclosure._ 

No. 180, Public Acts, 1911. 

Hunting rabbits with ferrets or Guinea pigs prohibited: Sec. i. 
It shall be unlawful to make use of a ferret or Guinea pig for the 
purpose of hunting, taking, killing or pursuing rabbits: Provided , how¬ 
ever, That farmers or fruit growers may make use of ferrets or Guinea 
pigs in killing rabbits on their enclosed lands. 

Penalty: Sec. 2. Any person violating any of the provisions of 
section one of this act shall be deemed guilty of a misdemeanor, and 
on conviction thereof shall be punished by a fine of not less than five 
dollars nor more than twenty-five dollars and the costs of prosecution, 
or by imprisonment in the county jail of the county in which the offense 
was committed for not less than ten days nor more than twenty days, 
or by both such fine and imprisonment in the discretion of the court. 


No. 190, Public Acts, 1911. 

Deer, killing of, in certain counties prohibited: Sec. ;. It shall 
be unlawful until the year nineteen hundred twenty, to kill any deer 
within the limits of any county in this State having a population of 
more than forty-eight thousand and less than sixty-five thousand, as 
shown by the United States. census of nineteen hundred ten. 

Penalty: See. 2 . Any person who shall be found guilty of vio¬ 
lating the provisions of section one of this act shall be liable to a fine 
of not less than fifty dollars nor more than one hundred dollars for 
each deer that he may have killed, or in default of the payment of such 




14 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


fine, imprisonment in the county jail or Detroit House of Correction 
for a period of not more than six months, in the discretion of the court. 



No. 206, Public Acts, 1911. 


Beaver, license for killing of and closed season for: Sec. i. It 
shall not be lawful for any person to take, trap, hunt, shoot, kill or mo¬ 
lest, or attempt to take, trap, hunt, shoot, kill or molest any beaver 
from and including the fifteenth day of May to and including 
the thirty-first day of October of each year, nor shall any person 
have in possession the carcass or skin of any beaver that was killed 
during the time when the killing thereof is by this act prohibited, unless 
having attached thereto a seal as hereinafter provided. 

Section 2. Provides that no person shall take, kill or molest any 
beaver without, first, having obtained permission therefor in writing 
from the owner of the land; second, having obtained a license from 
the county clerk of the county where such land is located. 

Section 3. Authorizes the county clerk upon receipt of ten dollars 
to issue such license, limiting the number of beaver to fifteen for any 
one person, and also makes it the clerk’s duty to enter a description of 
the applicant in his books and to report the number of the license and the 
name of the applicant to the state game, fish and forestry warden. 

Section 4. Requires the county clerks to return unsold seals to state 
game, fish and forestry warden, with a statement of the license money 
received. 

Section 5. Makes it unlawful for any person to take and kill more 
than four beavers from any one family or colony of beavers. 

Section 6. Requires the licensee, before selling, to take the skins 
with the seals attached thereto to the county clerk, who shall puncture and 
cancel such seals. Skins unlawfully taken and without seals shall be 
forfeited to the state. 

Section 7. Provides for the issue of additional licenses to appli¬ 
cants complying with the conditions of this act, and section 8 requires 
the county clerk to pay to the state treasurer $5 and to the county 
treasurer $5 for each license issued. 

This act takes effect January 1, 1913, and any person violating its 
provisions shall be punished by a fine of not less than ten nor more than 
one hundred dollars, with costs, or by imprisonment in jail for not more 
than sixty days, or both fine and imprisonment, and shall forfeit to the 
state skins illegally taken. 


No. 275, Public Acts, 1911. 

Property of state: Sec. i. All wild animals and wild birds, both 
resident and migratory (native and introduced), found in this State, are 
hereby declared to be the property of the State. 

Unlawful to kill: Sec. 2 . ^ No person shall at any time of the 





SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


15 


year or in any manner, take, pursue, wound or kill any wild animal or 
wild bird mentioned in this' act, or any introduced game animals or birds, 
or transport, sell, offer or expose for sale, or have the same in possession, 
except as expressly permitted by this act. 

Section 3 prohibits hunting in public parks and game preserves. 

Unlawful to ship: Sec. 4 . No person, company or corporation 
shall have in possession or under control any of the birds or animals- 
protected by the laws of this State, with intent to ship or carry the 
same beyond the limits of this State, nor shall ship or carry, or in¬ 
tentionally allow or aid in such shipment or carrying out of this State, 
any such birds or animals, except as expressly provided by law. 

Possession for unlawful purposes: Sec. 5 . No person shall at 
any time have in possession or under control any game animal or bird 
of any kind caught, taken or killed outside of this State, which was 
caught, taken or killed at a time, in a manner or for a purpose for¬ 
bidden by the laws of the state, territory or country where the same 
was caught, taken or killed, or which was shipped out of said state, 
territory or country, in violation of the laws thereof. 

Sections 6 and 7 authorize the state game, fish and forestry warden 
to issue permits for the capture or killing of game for scientific or 
propagating purposes, and to owners for the sale and shipping of game 
bred and reared in captivity. 

Game preserves: Sec. 8 . The State Game, Fish and Forestry 
Warden, may in his discretion, on application, and the payment of ten 
dollars, issue to individuals owning lands in this State, or bona fide mem¬ 
bers of clubs who own and maintain game preserves in this State, per¬ 
mits good for the yearly game season to carry as open hand baggage 
during the season twenty wild ducks or other migratory birds lawfully 
killed by him or them, on his or their own premises or the premises of 
club of which he or they are members, to his or their respective homes 
out of the State. Any violation of the privileges herein given shall at 
once work a forfeiture of the permit granted and subject such person to 
the penalties provided by this act. 

Section 9 authorizes the issuing of permits to agents of the U. S. 
department of agriculture to take a limited number of birds and animals 
for scientific purposes. 

Possession, when unlawful: Sec. 10 . No person, company or 
corporation, shall have in possession the dead body or carcass or skin 
or any portion thereof, of any animal or bird mentioned or referred to 
in this act during the time when the killing of such animal or bird is 
unlawful, except as authorized by law, and excepting specimens, heads 
or pelts prepared or mounted for scientific or educational purposes: 
Provided, however, That any person may have in his possession for 
thirty days after the closing of the season any game or birds lawfully 
killed by Him during the open season. 

(Tt is further provided that no person or corporation shall receive 



16 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


for transportation the dead body of any animal or bird named in this 
act after forty-eight hours following the closing of the season, except 
that persons engaged in rearing such animals may sell and transport 
same upon permit from the state warden.) 

Deer skins; permit to transport: Sec. n. The State Game, Fish 
and Forestry Warden is hereby given authority to issue permits for the 
sale and transportation, either within or without the State, of deer skins 
at any season of the year, when satisfied that the animals from which 
such skins were taken were killed at a lawful time and in a lawful man¬ 
ner ; each hide so transported or sold, shall have attached to it the origi¬ 
nal license tag while being so transported or sold, unless otherwise 
authorized by the State Game, Fish and Forestry Warden. No game 
birds shall be shipped by express, freight or baggage or in any other 
manner, hut shall be carried as hand baggage only: Provided, however, 
That nothing in this section shall apply to the interstate carrying, as open 
hand baggage, of wild ducks or other migratory birds, as provided for 
in section eight of this act. 

Violations and prosecutions: Sec. 12 . The injuring, killing, cap¬ 
turing, selling or having in possession of each animal or bird, or any 
part thereof, injured, captured, killed or destroyed, sold or possessed 
contrary to the provisions of this act, shall be a separate offense, and the 
person so offending shall be liable to the penalties herein provided. In 
all prosecutions for violations of any of the provisions of this act, proof 
of the possession of the dead body or carcass or skin or any portion 
-thereof, of- any animal or bird mentioned or referred to in this act, 
except as herein provided, at a time when the killing thereof is unlawful, 
shall be prima facie evidence that such animal or bird was killed at a 
time when the killing thereof was prohibited by law. -All persons violat¬ 
ing any of the provisions of this act whether as principal, agent, servant 
or employe, shall be equally liable as principal, and any person or prin¬ 
cipal shall be liable for any vioation of any of the provisions of this 
act by his agent, servant or employe. 

What considered game: Sec. 13 . For the purposes of this act 
the following shall be considered game: Game animals, moose, elk, 
caribou, deer, rabbits and squirrels, (excepting red squirrels) ; game 
birds, the anatidse, commonly known as geese, brant and wild duck; the 
rallidae, commonly known as rails, coot and gallinules; the .limmicolae, 
commonly known as shore birds, snipe, woodcock, plovers and sand pip¬ 
ers, tattlers and curlews; the gallinae, commonly known as pheasants, 
grouse, prarie chicken and quail. All other species of wild resident and 
migratory birds shall be considered non-game birds. 

Non-game birds, protection of: Sec. 14 . No person shall kill, 
catch or have in possession any wild non-game bird living or dead, or 
purchase, sell, offer or expose for sale, any such wild non-game bird 
after it has been killed or exposed except as permitted by this act, and 
no part of the plumage, skin or body of any non-game bird protected 



SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


17 


"by this act shall be sold or had in possession for sale, and this irrespec¬ 
tive of whether said bird was captured or killed within or without the 
State; and no person shall take, or destroy the eggs of any wild bird, 
either game or non-game, or have in possession except as permitted by 
law. English sparrows, blackbirds, crows, cooper’s hawks, sharp-shinned 
hawks and great horned owls are not included among the birds protected 
by this act. It shall be unlawful for any person while hunting or while 
with a gun in his possession, to skin or otherwise destroy the identity 
•of any bird : Provided, That this section shall not apply to any person 
holding a certificate giving the rights to take birds, their nests or eggs, 
’for scientific purposes as hereinafter provided. Such certificates may be 
granted by a board, to consist of three persons who shall be appointed 
annually, one by the president of the University of Michigan, one by the 
president of the Michigan Agricultural College, and one by the 
president of the State Normal College. *. * * Provided, That but 

•one permit be issued to any one person and then only authoriz¬ 
ing the person holding such permit to take one pair each of the birds 

and one nest and one nest of eggs of the kind of birds specified in 

such certificate. * * * 

Pitfalls, traps, etc., unlawful to use: Sec. 15 . No person or per¬ 
sons shall at any time make use of any pit, pitfall, deadfall, scaffold, 
cage, snare, trap, net, baited hook or any similar device, or any drug, 
poison, Chemical, or explosive for the purpose of injuring, capturing or 
killing any birds or animals protected by the laws of this State, nor shall 
any person at any time or in any manner whatever, injure, destroy or 
rob the eggs of any bird protected by the laws of this State, or molest, 
harass or annoy such birds upon their nests, except as herein provided: 
Provided, however, That said provision shall not prohibit the trapping 
of fur bearing animals. No person shall hunt, pursue, kill, capture or 
attempt to hunt, pursue, kill or capture at any time or in any manner, 
any deer when it is in the red coat, or fawn in the spotted coat, or 
have in possession the skin of such deer or fawn in the red or spotted 
•coat, nor shall any person hunt, pursue, kill or capture, or attempt to 
hunt, pursue, kill or capture any deer while it is in the water. No person 
shall make use of any artificial light in hunting, pursuing, capturing or 
killing deer, or in attempting to hunt, pursue, capture or kill any deer, 
- and the wearing or having such light on the head or in possession shall 
be deemed a violation of this section. No person or persons shall make 
use of a dog in hunting, pursuing or killing deer; the presence of a 
dog in the woods, hunting camp, logging camp, or a club house during 
the deer hunting season, shall be prima facie evidence of its unlawful 
use. Any dog pursuing, killing or following upon the track of a deer 
is hereby declared to be a public nuisance and may be killed at such time 
by any person without criminal or civil liability. No person shall hunt, 
pursue, worry or kill any wild water fowl by any means whatever dur¬ 
ing such time as said person is upon any floating device .or contrivance 


18 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


propelled by, or using as motive power, steam, gas, naptha, oil, gasoline 
or electricity, or when upon any sail boat, nor shall any person make 
use of a swivel or punt gun, or any gun of a greater size than ten 
gauge for the killing of any wild water fowl, or make use of any battery, 
sink boat or any similar device, nor shall any person hunt, pursue, worry 
or kill any wild water fowl, save only from sunrise until sunset of 
each day of the open season for hunting and killing such wild water 
fowl. It shall be unlawful-for any person to make use of a ferret or 
guinea pig for the purpose of hunting or killing rabbits: Provided, how¬ 
ever, That farmers or fruit growers may make use of ferrets in killing 
rabbits on their enclosed lands. 

Dogs, training of: Sec. 16 . No person or persons shall molest, 
harass or. annoy, or break, train or practice any dog upon any game 
birds during their respective closed seasons: Provided, That it shall be 
lawful to train or practice dogs upon game birds for fifteen days next 
preceding the opening of the season for hunting ruffed grouse in each 
year. It shall be unlawful, however, for any person while so training 
dogs to have in possession any firearms. 

Number may be killed in one day: Sec. 17 . No person shall take, 
kill or capture in one day more than the following of any of the game 
birds mentioned in this act: Quail, ten; partridge (ruffed grouse) and 
spruce hens, six; plover, ten; woodcock, six; snipe and other shore 
birds, fen; geese, brant and ducks, twenty-five. No person shall at any 
time have in possession more than the following number of any of the 
game birds mentioned in this act: Quail, fifteen; partridge (ruffed 
grouse) spruce hens, fifteen in all; plover, twenty; woodcock, twen¬ 
ty . snipe and other shore birds, twenty in all; geese, brant and ducks, 
twenty-five in all. No person shall kill in any calendar year more than 
fifty of any one kind of the following named game birds, to-wit: Quail, 
partridge (ruffed grouse), spruce hen, plover, woodcock, snipe and other 
shore birds. No person shall during the open season of any calendar 
year take, kill or capture more than two deer. 

Open season: Sec. 18 . The following named game animals and 
game birds may be hunted and killed as herein provided during the 
periods named, which shall be the open seasons: Provided, That nothing 
in this act shall be construed so as to permit the hunting or killing of 
deer during the open season for a longer period than twenty-five days 
from the date of issuance of the hunter’s license: Deer, October fifteen, 
to November thirty, both inclusive; fox, gray and black squirrels, Octo¬ 
ber fifteen to November thirty, both inclusive; rabbits, Octo¬ 
ber fifteen to March one, both inclusive; quail, October fifteen to Novem¬ 
ber thirty, both inclusive; ruffed grouse, October fifteen to November 
thirty, both inclusive; spruce hens, October fifteen to November thirty, 
both inclusive; ducks, snipe, plover, woodcock, shore birds, rails and 
coots, October fifteen to December thirty-one, both inclusive; geese and 
brant. October fifteen to December thirty-one, both inclusive: Provided , 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 19 

however, that fox, black and gray squirrels shall not be hunted 
or killed until nineteen hundred fourteen: Provided further, 

That Mongolia or English pheasant, black fowl capercailzie, hazel 
grouse and wild turkey shall not be hunted or killed until the year 
nineteen hundred fifteen and then only at the time, the manner and for 
the purpose authorized by law: Provided however, That in addition to 
the open season for wild fowl shooting, hereinbefore in this section es¬ 
tablished, it shall be lawful to hunt and kill blue bills, canvas back, red 
head, widgeon, pin-tails, whistlers, spoon-bills, butter-ball, and saw-bill 
ducks, between the second day of March and the tenth day of April, 
both inclusive in each year: Provided, further, That it shall be lawful 
to hunt and kill teal and mallard ducks from September fifteen to Decem¬ 
ber thirty-one. 

Non-resident hunters: Sec. 19 . Any non-resident hunter, who 
by the laws of this State is required to procure a non-resident hunter’s 
license, and who does procure same, may take from this State as hand 
baggage a number of any or each or all of said game birds equal to the 
number of said birds permitted to be killed by-him under said license in 
a single day, excepting as hereinafter provided. 

Misdemeanor, imprisonment, etc.: Sec. 20 . Any person or per¬ 
sons violating any of the provisions of this act shall be deemed guilty 
of a misdemeanor, and upon conviction thereof for the first offense shall 
be punished by a fine of not less than ten dollars and not exceeding one 
hundred-dollars, together with costs of prosecution, or by imprisonment in 
the county jail or Detroit House of Correction not exceeding ninety 
days, or by both fine and imprisonment in the discretion of the 
court; and for the second or any subsequent offense charged as such 
in the complaint, shall upon conviction be punished by a fine of not less 
than fifty dollars and not exceeding two hundred dollars and costs of 
prosecution, or by imprisonment not less than sixty days nor more than 
one year, and in all cases when a fine and costs are imposed, the court 
shall sentence the offender to be confined in the county jail or Detroit 
House of Correction until such fine and costs are paid, for any period 
not exceeding the maximum jail penalty provided for such offense. 

Acts repealed: Sec. 21 . All acts or parts of acts, whether local 
or general, in conflict or inconsistent with the provisions of this act are 
hereby repealed. 


HUSBAND AND WIFE, 

(Pages 161-168.) 

No. 196, Public Acts, 1911. 

Right of married woman to earnings: Sec. 1 . Each and every 
married woman in the State of Michigan shall be absolutely entitled to 
have, hold, own, retain and enjoy any and all earning acquired by any 





20 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


V 

such married woman as the result of her personal efforts; and to self 
or otherwise dispose of any and all such earnings, and to make con¬ 
tracts in relation thereto to the same extent that any such married 
woman could have or do if unmarried. 


HOLIDAYS AND OTHER DESIGNATED DAYS. 

(Pages 169-170.) 

No. 11, Public Acts, 1911. 

Holidays designated: Sec. i. The following days, namely, the 
first day of January, commonly called New Year’s day, the thirtieth day 
of May, commonly called Memorial day, the fourth day of July, the first 
Monday of September, commonly called Labor day, and the twenty-fifth 
day of December, commonly called Christmas day, all Saturdays and 
all days appointed or recommended by the Governor of this State or 
the President of the United States as days of fasting and prayer or 
thanksgiving, shall in all the public schools of this State, be treated and 
considered as public holidays and on such above specified days there shall 
be no school sessions in any of such public schools of this State: Pro¬ 
vided, That the salary of school officers and teachers shall be in no way 
affected by reason of the dismissal of school on any of the above men¬ 
tioned days: Provided further, That on the following days, namely, 
the twelfth day of February, ' commonly called Lincoln’s birthday, the 
twenty-second day of February, commonly called Washington’s birthday, 
and the twelfth day of October, commonly called Columbus day, it shall 
be the duty of all school officers and teachers to have the schools under 
their respective Charge observe such mentioned days, namely, the twelfth 
day of February, the twenty-second day of February, and the twelfth 
day of October by proper and appropriate commemorative exercises, and 
such days shall not be considered as legal holidays for schools. 


LIENS. 

(Pages 177-181.) 

No. 116, Public Acts, 1911. 

Lien for threshing, etc.: Sec. i. Any owner, part owner or 
lessee of a threshing machine, huller or other similar machine who shall 
thresh or hull any grain, corn, beans, peas or other vegetable produce 
for another, shall, upon the filing of the statement. herein provided, have 
a lien for the value of such services, or in case there is an agreed price, 
then for such agreed price upon the grain or otfier product so threshed 
or hulled, said lien to commence from the time of filing notice and mak¬ 
ing demand as hereinafter provided. Such lien shall not attach in any 




SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


21 


case where the grain which may have been threshed, hulled or husked, 
shall have passed into the hands of an innocent purchaser or dealer in 
the usual course of trade. 

Section 2 requires a person entitled to a lien under this act to tile 
with the township clerk, within ten days after the threshing, a statement 
under oath giving the quantity threshed and the amount due, etc. Sec¬ 
tion 3 requires the clerk, upon receipt of a fee of twenty-five cents, to 
file the statement same as chattel mortgages are filed. 

Enforcement of lien: Sec. 4 . A copy of any such statement and 
notice of lien as aforesaid, certified by the township clerk, shall be re¬ 
ceived in evidence in any proceeding taken to enforce the lien herein 
provided for, but only of the fact that such statement and notice of lien 
was received and filed according to the endorsemeht of the township 
clerk thereon, and of no other, fact. 

Sections 5, 6 , 7 and 8 relate to commencement of suit before justice 
of peace, judgement, attachment and execution. 

Misdemeanor, penalty: Sec. 9 . Any person who shall there¬ 
after upon demand, refuse to pay the amount due for such threshing or 
hulling, and who shall sell, secrete, or dispose of the property covered 
by or subject to such lien, without the written consent of the owner or 
owners of said lien, shall be deemed guilty of a misdemeanor and, upon 
conviction thereof, shall be punished by a fine not exceeding one hundred 
dollars or imprisonment in the county jail not exceeding ninety days, or 
both such fine and imprisonment in the discretion of the court. 


OFFENSES. 

(Pages 187-202.) 

No. 274, Public Acts, 1911. 

Dangerous weapons, unlawful to carry, etc.: Sec. 1 . In counties 
of one hundred fifty thousand population or over, it shall be unlawful 
for any person, except as hereinafter provided, to go armed with 
a dirk, dagger, sword, pistol, revolver, stiletto, metallic-knuckles, pocket- 
billy, sand-bag, skull-cracker, slung-shot, razor, hat pins over ten inches 
long, or other offensive and dangerous weapons or instruments con¬ 
cealed upon his person. 

Sale of dangerous weapons: Sec. 2 . It shall be unlawful to sell, 
to keep for sale, or offer for sale, loan or give away, any dirk, dagger, 
stiletto, metallic-knuckles, sand-bag or skull-cracker. The provision of 
this section shall not. prevent the selling or keeping for sale o*f hunting 
and fishing knives. 

Who shall issue license: Sec. 3 . The prosecuting attorney and 
sheriff, in counties in which no regularly organized police force exists, and 
in counties where one or more regularly organized police forces exist, the 
prosecuting attorney, sheriff and chief of police of the city within which 



22 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


such license is sought, shall constitute a board, whose duty it shall be 
and who shall have power to grant licenses to carry a revolver, pistol 
or pocket-billy, and the said board shall meet on the first Monday in 
each month at the county seat for the purpose of hearing applications 
to carry a revolver, pistol or pocket-billy. A majority of said board 
shall constitute a quorum. 

Duty of board to issue license: Sec. 4 . It shall be the duty of 
said board to issue licenses to go armed with a revolver, pistol or 
pocket-billy to all peace officers and such other persons who in the judge¬ 
ment of said board should be permitted to go so armed: Provided, That 
upon the payment to said board of the sum of ten dollars, mining com¬ 
panies, banks, trust companies, railroad and express companies, may 
obtain a general license good for any of their employes actually engaged 
in guarding any property or the transportation of moneys or other 
valuables. Licenses issued to peace officers or to employes of railroad 
and express companies, shall permit such persons to go armed anywhere 
within the State while in the discharge of their duties. 

Section 5. Requires the county clerk to act as secretary of the board 
and to keep a list of all persons to whom licenses are issued, the number 
of the license and the date of revocation. 

Section 6 . Provides that the right of a peace officer to carry any 
of the weapons mentioned in this act shall end when said person ceases 
to be an officer, and the board is given the power to revoke any license 
at its discretion. 

Section 7. Requires the person seeking a license to make a written 
application, setting forth his name, age, residence, place and nature of 
his business, and the kind of weapon wanted. 

Section 8 . Makes it the duty of the person licensed to produce the 
license upon request of any person in authority, and failure to do so 
shall be deeme'd prima facie evidence of violation of the terms of this 
act. 

Felony, fine, etc.: Sec. 9 . Any person who shall violate any of 
the provisions of this act shall be deemed guilty of a felony, and upon 
conviction thereof shall be punished by a fine of not more than five 
hundred dollars, or by imprisonment in the State prison not more than 
two years, or by both such fine and imprisonment in the discretion of 
the court, and in addition thereto may be required to enter into a recog¬ 
nizance with sufficient surety in such sum as the court may order, not 
exceeding one thousand dollars, to keep the peace and be of good be¬ 
havior for a period not exceeding one year: Provided, That in case of 
the first offense the court may, in its discretion, reduce the punishment to 
imprisonment in the county jail for a term of not more than three 
months, or a fine of not more than one hundred dollars. 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


23 


PROMOTION OF FARMING INTERESTS OF THE 

STATE. 

(Pages 203-205.) 

No. 124, Public Acts, 1911. 

County agricultural advertising: Sec. i. The boards of super¬ 
visors of the several counties within the State of Michigan, or any of 
them, are hereby authorized and empowered to levy a special tax on the 
taxable property within their respective counties, for the purpose of 
creating a fund not exceeding two thousand dollars in any one year in 
any one county, to be used for advertising the agricultural advantages of 
the county or for collecting, preparing and maintaining an exhibition of 
the products and industries of the county at any domestic or foreign 
exposition, for the purpose of encouraging immigration and increasing 
trade in the products of the State of Michigan: Provided, That the 
total tax levies for such purposes in any one year shall not exceed five 
cents on each one hundred dollars of taxable property in the county, 
according to the assessment rolls, the sum, so raised to be used as di¬ 
rected by the board of supervisors of the county. 


ROADS. 

(Pages 206-228.) 

No. 24, Public Acts, 1911. 

Hedges, etc., trimming of: Sec. 5 . (Chapter 19 .) It shall be 
the duty of every owner, occupant or person having charge of lands in 
this State, to cut or trim, or cause to be cut or trimmed, to a height not 
exceeding four and one-half feet and a width not exceeding three feet, 
all hedges or hedge rows along or on the public highway or adjacent 
thereto in each and every year, except such hedges as shall have been set 
out for the protection of fruit trees and nursery stock. Trimmings or 
brush from such hedge rows shall not be left lying within the limits of 
the highway, but shall be forthwith removed: Provided, That this sec¬ 
tion shall not apply to streets or highways within incorporated cities. 


No. 118, Public Acts, 1911. 

Repair or construction of roads or bridges: Sec. 3 . (Chapter 12 .) 
In all cases involving an expenditure of an amount over fifty dollars 
and not exceeding five hundred dollars, in the repairing or construction 
of roads or bridges in any township of this State, the commissioner shall 
submit the proposed expenditure to the township board, and, upon the 
approval of the said board, the commissioner may make such repairs or 
cause them to be made; may do the construction work or cause it to be 




24 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


done; may buy the necessary materials and hire the necessary help, but 
if the proposed expenditure is of an amount greater than five hundred 
dollars, the commissioner shall first submit the same to the township 
board and upon approval of the said board the commissioners, shall ad¬ 
vertise for sealed proposals for the doing of* such work and the making 
of such repairs, and together with the township clerk, subject to the ap¬ 
proval of the township board, shall contract, with the lowest bidder 
giving good and sufficient security for the performance of the work: 
Provided, That in case it shall appear to the commissioner and board 
acting together, in such manner that it seems to them clearly shown, that 
there has been collusion among the bidders, they may contract privately 
with any one of the bidders or with some one who was not a bidder, but 
at a price not to exceed that of the lowest bidder. The contract so 
made shall be approved in writing by the supervisor in order to be valid 
as against the township. Not less than ten days notice shall be given by 
the commissioner of the time and place of letting such contract by put¬ 
ting up notices in at least five of the most public places in his town¬ 
ship. Upon performance of the work by the contractor, if approved 
and accepted by the commissioner and supervisor, there shall be drawn 
and signed by such commissioner and countersigned by the township 
clerk, orders upon the township treasurer for the amount of said con¬ 
tract. It shall be unlawful for any township officer to be in any way 
interested directly or indirectly in any such contract. Any contract in 
which any such township officer is so interested shall be absolutely void : 
Provided, hozvever, That in case the township board shall decide to do 
the work by day labor, the plans and specifications together with all 
bids received thereon, and the reason, in writing, for not letting the job 
by contract, shall be filed in the office of the township clerk 


No. 148, Public Acts, 1911. 

County road commissioners, election of: Sec. 6. (Chapter 4.) 
In any county where the county road system shall hereafter be adopted, a 
board of county road commissioners not exceeding three in number shall 
be elected by the people of such county. In the first instance such com¬ 
missioners shall be appointed by the board of supervisors or elected at 
a general or special election called for that purpose, as shall be ordered 
by the board of supervisors. If such commissioners are appointed they 
shall hold office only until the first day of May following in the year in 
which a regular session of the legislature is held. If such commissioners 
are to be elected at a general election, notice thereof, embodying a copy 
of the resolution of the board of supervisors, giving the number and 
terms of office of the commissioners to be elected, shall be published by 
the clerk in the newspaper or newspapers selected by the board of super¬ 
visors, as required by section three of this chapter and act; if a special 
election is called for the election of such commissioners, a like notice 



SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


25 


shall be given by the clerk, which notice shall be posted and published 
in such newspapers as required by said section three of this chapter 
and act. In the month of March in each year thereafter in 
which a county road commissioner is to be elected, the county clerk 
shall give notice that a county road commissioner is to be elected at the 
following election to be held on the first Monday in April, and shall 
publish the same in a newspaper or newspapers in manner aforesaid. 

(By further provision in the counties of Wayne and Mason the elec¬ 
tion shall be held on the first Tuesday after the first Monday in Novem¬ 
ber, and further, the board of supervisors may appoint in counties which 
contain more than thirty surveyed townships.) 

Section 8 gives the board of supervisors power to appoint a county 
road commissioner in case of vacancy. 

Not operative where county road system not adopted: Sec. 24. 
In counties where the county road system is not adopted in manner afore¬ 
said the provisions of this chapter shall not be operative, but in all 

such counties the acts and provisions of law mentioned and referred 

to in the last preceding section shall be operative, and shall have the same 
force and effect as though the provisions of this chapter had not been 
enacted. 

State reward roads: Sec. 10. (Chapter 5.) The following de¬ 
scribed roads, when built, shall merit the reward attached to each de¬ 
scription : 

(a) Every mile of well graded road on which the steepest incline 

shall not exceed six per centum, and the width of which shall not be 

less than twenty feet between and exclusive of side ditches, and which 
shall be properly drained, and have a wagon way or travel track not less 
than nine feet wide, made of a mixture of sand and clay or other ma¬ 
terial according to specifications furnished by the State Highway 
Commissioner, shall merit, if approved by the State Highway Commis¬ 
sioner, a reward from the State of two hundred fifty dollars, and pro 
rata for extra miles and fractions thereof in excess of the first mile. 

Gravel roads: (b) Every mile of well graded road on which 
the steepest incline shall not exceed six per centum, and the width of 
which shall not be less than twenty feet between side ditches, and 
which shall be properly drained, and have a wagon way or travel track not 
less than nine feet wide, and which shall consist of not less than eight 
inches of compacted gravel, or not less than twelve inches of compacted 
burnt shale, which must be applied in not less than two. layers, each 
layer to be rolled separately: Provided, That both shoulders and metaled 
track shall be properly crowned so as to shed water quickly to the side 
ditches, shall merit,’if approved by the State Highway Commissioner, a 
reward from the State of five hundred dollars, and pro rata for extra 
mil^s and fractions thereof in excess of the first mile; 

Crushed stone roads: (c) Every mile of well graded road on 

which the steepest incline shall not exceed six per centum, and the 


26 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


width of which shall not be less than twenty feet between side ditches 
and which shall be properly drained, and have a wagon way or travel 
track not less than nine feet wide, made in two courses, the bottom 
course to be crushed, stone, slag or other material, if approved by the 
State Highway Commissioner, and shall ndt be less than four inches 
thick after thorough rolling, and a top. course consisting of a layer of 
gravel which shall not be less than three inches thick after being thor¬ 
oughly rolled: Provided } That both shoulders and metaled track shall 
be properly crowned so as to shed water quickly to the side ditches, shall 
merit, if approved by the State Highway Commissioner, a reward from 
the State of seven hundred fifty dollars, and pro rata for extra miles and 
fractions thereof in excess of the first mile. 

(d) Every mile of well graded road on which the steepest incline 
shall not exceed six per centum, and the width of which shall not be 
less than twenty feet between side ditches, and which shall be properly 
drained and have a wagon way or travel track of not less than nine feet 
wide, made in two courses, the bottom course to be of gravel, slag or other 
material, if approved by the State Highway Commissioner, and be not less 
than four inches thick after thorough rolling, and a top course consisting 
oi a layer of crushed stone which shall be not less than three inches 
thick after being thoroughly rolled and properly bonded: Provided , 
That both shoulders and metaled track shall be properly crowned to shed 
water quickly to the side ditches, shall merit, if approved by the State 
Highway Commissioner, a reward from the State of seven hundred 
fifty dollars, and pro rata for extra miles and fractions thereof in excess 
of the first mile; 

Macadam roads: (e) Every mile of well graded road on which 
the steepest incline shall not exceed six per centum, and the width of 
which shall not be less than twenty feet between side ditches, and which 
shall be properly drained, and have a wagon way or travel track not 
less than nine feet wide of . well compacted macadam not less than six 
inches thick laid in two courses of crushed stone, each to be properly 
bonded with stone screenings, asphaltic, bituminous or other cement ap¬ 
proved by the State Highway Commissioner, and thoroughly rolled: 
Provided That both shoulders and metaled track shall be properly 
crowned so as to shed water quickly to the side ditches, shall merit, if 
approved by the State Highway Commissioner, a reward from the State 
of one thousand dollars, and pro rata for extra miles and fractions thereof 
, in excess of the first mile; 

Brick roads, etc: (f) Every mile of well graded road on which 
the steepest incline shall not exceed six per centum, and the width of 
which shall be not less than twenty feet between side ditches, and 
which shall be properly drained, and have a wagon way or travel track not 
less than nine feet wide in the clear between beveled edges and which 
shall consist of properly laid concrete not less than six inches in depth, 
composed of Portland cement and gravel, or sand and crushed stone, 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


27 


with or without a paving brick surface: Provided, however, That the 
cement shall be required to meet the standard tests then in force of 
the American Society for Testing Materials, and that the other in¬ 
gredients, the manner of laying and the kind of inspection employed 
shall be made to comply with specifications made by, or approved by the 
State Highway Commissioner, shall merit, if approved by the State 
Highway Commissioner, a reward from the State of one thousand dol¬ 
lars per mile and pro rata for extra miles and fractions thereof in ex¬ 
cess of the first mile. 

State reward: Sec. n. No claim for State reward for improved 
roads of over three miles in any one surveyed township, in any one fiscal 
year shall be allowed by the State Highway Commissioner: Provided, 
however , That if any township or county shall have raised money by 
tax or by sale of bonds to build a mile or more of road such as merits 
State reward, and the road shall be built and approved by the State 
Highway Commissioner, and this road is kept in as good condition as 
when approved by the State Highway Commissioner, such township or 
county shall have its application number remain upon the books of the 
State Highway Department, and draw from the State reward fund each 
}>ear, until such time as the township or county has received the amount 
due for the class and the amount of road built: Provided, That money 
has been appropriated for State reward. In case the road building money 
was raised by the sale of bonds, the State reward money shall be used 
only for the payment of the principal of the bonds. 


No. 153, Public Acts, 1911. 

This act relates to temporary highways and under its provisions any 
owner of timbered land, not less than forty acres, may secure such high¬ 
way by making 'application to the commissioner of highways of the 

township. - 

No. 168, Public Acts, 1911. 

County road system not to bar State reward roads: Sec. 26. 
(Chapter 4 .) The adoption of the county road system in any county 
shall not prohibit any organized township from building State reward 
roads: Provided, however, That the provisions of this act shall not 
apply to townships which have already bonded in good faith for the 
purpose of building roads under the provisions of section twenty-six 
of chapter four, act number two hundred eighty-three of the public acts 
of nineteen hundred nine, prior to the passage of this act. 


No. 223, Public Acts, 1911. 

Right to set poles along highway: Sec. 8. (Chapter 7.) No 
person or persons, firm or corporation shall have the right to set a 
pole or poles along the line of any public highway, within twenty-five 






28 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


feet of the center of the highway on either side, without the consent 
of the township board in the township in which such highway is 
located and. where such pole or poles are to be set; and in no case shall 
the poles be set within fifteen feet of the center of the highway on 
either side. 


TAXATION. 

(Pages 231 - 246 .) 

No. 91, Public Acts, 1911. 

Mortgage, what to include: Sec. i. For the purposes of this act 
all indebtedness secured by liens upon real property shall constitute that 
class of credit upon which this act imposes a specific tax. The word 
'‘mortgage” as used herein shall include every mortgage or other instru¬ 
ment by which a lien is created over or imposed upon real property, 
notwithstanding it may also be a lien upon other property, or there may 
be other security for the debt, and shall also include executory con¬ 
tracts for the sale of real property, and deeds or other instruments 
that are given to secure debts. 

Tax on realty mortgage: Sec. 2. A tax of fifty cents for each 
one hundred dollars and each remaining major fraction thereof of the 
principal debt or obligation which is, or under any contingency may be, 
secured by a mortgage upon real property situated within this State 
recorded on or after the first day of January, nineteen hundred twelve, 
is hereby imposed on each such mortgage, and shall be collected and 
paid as hereinafter provided: Provided, That no tax shall be imposed 
upon any debt or obligation which is, or under any contingency may 
be, secured by a mortgage upon such real estate as shall be owned and 
occupied by library, armory, benevolent, charitable, educational and scien¬ 
tific institutions, incorporated under the laws of this State, with the 
buildings and other property thereon, while occupied by them solely for 
the purposes for which they were incorporated: Provided , That such 
exemption shall not apply to fraternal or secret societies, but all chari¬ 
table homes of such societies shall be exempt: Provided further, That 
no tax shall be imposed upon any debt or obligation which is, or under 
any contingency may be, secured by a mortgage upon any house of 
public worship with the land on which it stands, the furniture therein 
and all rights in the pews, and upon any parsonage owned by any re¬ 
ligious society of this State and occupied as such; which such mortgage 
is recorded on or after the first day of January, nineteen hundred twelve: 
Provided further , No tax shall be imposed upon any building and loan 
mortgage. The tax imposed by this section shall be in addition to the 
recording fee now provided for by law. 



SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


29 


How tax paid: Sec. 3. The tax imposed by this act shall be 
paid to and collected by the treasurer of the county where such mort¬ 
gage is first presented for record. * * * 

Credits exempted: Sec. 10. That class of credits other than the 
mortgages given prior to January first, nineteen hundred twelve, upon 
which this act imposes a specific tax shall be exempt from further 
general taxes under the laws of this State. All acts and parts of acts 
in contravention, of the provisions of this act are hereby repealed. 


No. 174, Public Acts, 1911. 

Real estate exemptions: Sec. 7. The following real property 
shall be exempt from taxation: * * * 

Eleventh, All real estate to the value of one thousand dollars used 
and owned as a homestead by any soldier or sailor of the federal gov¬ 
ernment who served three months or more during the civil or Mexican 
war, and all real estate to the value of one thousand dollars used and 
owned as a homestead by any wife or widow of such soldier or sailor: 
Provided, however, That should such homestead exceed in value the sum 
of one thousand dollars it shall be exempt only to the amount of such 
sum: Provided further, That any soldier or sailor or the wife or widow 
of any such soldier or sailor desiring to accept the benefits named in this 
section as to the exemption from taxation shall make and file with the 
supervisor or assessing officer an affidavit stating under oath that he was 
a soldier or sailor of the federal government during the civil or Mexican 
war for a period of not less than three months, and in case it be the wife 
or widow of a soldier or sailor making such application, such affidavit 
must state that she is the wife or widow of a soldier or sailor of the 
federal government at the present time, who served not less than three 
months as such soldier or sailor during the civil or Mexican war. The 
said affidavit shall be sworn to before said supervisor, assessifig officer 
or any officer authorized to administer oaths and then filed by the said 
officer in his office and turned over to his successor, where the same shall 
be open to inspection. Any person making a false affidavit in any par¬ 
ticular for the purpose of exemption from taxation shall be deemed to 
be guilty of the crime of perjury, and punished accordingly: Provided, 
however, That this exemption shall not operate to relieve from the pay¬ 
ment of taxes any of the persons hereinbefore enumerated who are the 
owners of taxable property of greater value than three thousand dollars. 

Note. —See under “Trees and Timber,” Public Act No. 250 , for 
exemption from taxation of private forest reserves. 



30 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


TREES AND TIMBER. 

(Pages 250 - 251 .) 

No. 135, Public Acts, 1911. 

Private forest reservation: Sec. i. Upon any tract of land not 
exceeding one hundred sixty acres where at least one-half is improved' 
and devoted to agricultural purposes in this State there may be selected 
by . the owner or owners thereof, as a private forest reservation, a por¬ 
tion thereof not exceeding one eighth of the total area of said tract, 
upon filing with the treasurer of the county in which it is located a 
description of such forest reservation as is hereinafter provided. 

Trees required: Sec. 2. If such selection is an original forest, 
containing not less than one hundred seventy trees in each acre, it shall 
become subject to this act as herein provided. 

Planting trees: Sec. 3. If any land owner shall plant not less 
than one hundred seventy trees on each acre of selected private forest 
reservation and shall cultivate and maintain the same for three years, 
then it shall become subject to this act as herein provided. 

Part forest and part planted trees: Sec. 4. Upon any tract se¬ 
lected as a private forest reservation which contains one hundred or 
more original forest trees on each acre, the owner may plant a sufficient 
number of forest trees which shall make up the required one hundred 
seventy forest trees per acre, when the same shall become subject to 
this act as in section three. 

Pasturage: Sec. 5. No land owner shall receive the benefit of 
this act who shall permit cattle, horses, sheep, hogs or goats to pasture 
upon such reservation until at least ninety per cent of said trees are four 
inches in diameter. 

Removal of trees, etc.: Sec. 6. Whenever any tree or trees shall 
be removed or die, the owner, in order to avail himself of the pro¬ 
visions of this act, shall plant other trees in place of such trees as may 
be removed or die, and protect such trees until they are four inches in 
diameter, and shall at all times maintain the full number of trees per 
acre as required by this act. • 

Rules and regulations: Sec. 7. Subject to rules and regulations 
as may be established by the State Board of Agriculture, not more than 
one-fifth of the total number of trees in any private forest reservation 
shall be removed in any one year, excepting such trees as may die natur¬ 
ally, when other trees shall be planted. 

Varieties: Sec. 8. The varieties of ash, hemlock, beech, maple, 
pine, oak, hickory, basswood, elm, locust, chestnut, walnut, butternut, 
ironwood, cedar, larch, tulip-tree, mulberry, osage orange, sassafras, ca- 
talpa and such other trees as the State Board of Agriculture may recom¬ 
mend shall be considered forest trees within the meaning of this act. 




SUPPLEMENT TO THE MICHIGAN FARM LAWS.* 31 

County treasurer, duty of: Sec. 9. It shall be the duty of the 
treasurer of each county to keep a record of all private forest reserva¬ 
tions within such county as the same may be selected by the owner or 
owners thereof under this act; and said treasurer shall, on or before 
the first Monday in April in each year, certify to the supervisor or 
assessor of each township a description of the selected private forest 
reservations therein, and the name of the owner or owners thereof. 

Supervisor, duty of: Sec. 10. It shall be the duty of the super¬ 
visor or assessor in each township to keep a record of all private forest 
reservations within his township as certified to him by the treasurer of 
said county, and he shall require the owner or his agent to subscribe 
under oath the extent and description of the land selected as private 
forest reservation, and that the number of trees is as required by this 
act, and that he will maintain the same according to the intent of this 
act. 

Application and contract, etc.: Sec. 11. The said Board df Agri¬ 
culture shall also prescribe the form of application and contract to be 
filed with the treasurer of the county wherein such application shall be 
made, and form of notice by treasurer to supervior or other assessing 
•officer. 

Exempt from taxation: Sec. 12. It shall be the duty of the 
supervisor or assessor to personally examine the various private reser¬ 
vations when the real estate is assessed for taxation, and to note upon 
his return the condition of the trees, and that same are properly planted 
and continuously cared for in order that the intent of this act may be 
complied with. If the said private reservation is properly planted and 
continuously cared for such part of its value as is over and above 
•one dollar per acre shall be exempt from all taxation: Provided, When 
any owner of a forest reservation provided for in this acts shall desire 
to cut and harvest trees in said reservation, he shall notify the tax 
assessor of his district of his said intention, whereupon the said assessor 
shall before the cutting thereof, estimate the cash value of the timber 
on the stump so to be cut and harvested, and shall issue a license to 
cut and remove said timber, which license shall be in effect upon pay¬ 
ment to the collector of taxes of the district of a fee of five per cent 
of such appraised valuation. The assessor shall notify the clerk and 
the tax collector of his district of the issuance of such license. If any 
such timber is cut or removed without payment of such license fee, it 
shall be the duty of the tax collector to levy upon such timber for 
collection of such license fee in the manner provided by law for col¬ 
lection of personal taxes. Sections six and seven of this act shall gov¬ 
ern the cutting and replanting of trees under this provision. 


SUPPLEMENT TO THE MICHIGAN FARM LAWS. 


TIME LIMIT FOR COMMENCING SUITS AT LAW.. 

(Pages 252 - 253 .) 

No. 243, Public Acts, 1911. 

Action for recovery of lands: Sec. i. After the thirty-first day 
of December, in the year of our Lord eighteen hundred sixty-three, no- 
person shall bring or maintain any action for the recovery of any lands, 
or the possession thereof, or make any entry thereupon, unless such 
action is commenced or entry made within the time herein limited there¬ 
for, after the right to make such entry or to bring such action shall have 
first accrued to the plaintiff, or to some person through whom he claims, 
to-wit: 

First, Within five years, where the defendant claims title to the land 
in question, by or through some deed made upon a sale thereof by an 
executor, administrator or guardian, or by a sheriff, or other proper 
ministerial officer, under the order, judgment, decree or process of a 
court, or legal tribunal of competent jurisdiction within this State, or by 
a sheriff upon a mortgage foreclosure sale; or through a devise in any 
will which shall have been probated in this State for fifteen years, during 
which period no suit in chancery has been brought to test the validity 
of such devise: Provided, That in cases where such fifteen year period 
has already elapsed such rights of entry or action shall be barred after 
two years from the passage hereof, or in case such right has not 
accrued, then after two years from the accruing thereof; 

Second, Within ten years, where the defendant claims title under a 
deed made by some officer of this State, or of the United States, au¬ 
thorized to , make deeds upon the sale of lands for taxes assessed and 
levied within this State; 

Third, Within fifteen years in all other cases. 


INDEX. 


PAGE 

Animals . 1_35 

Not to run at large except by permission. 1, 2 

Seizure of annimals running at large. 2 

Fees for such seizure and keeping. 2 

Sale of animal taken up; proceedings. 2, 3 

Township pounds . 4 

Animals not to run at large in villages.1. 4 

Pounds and pound-masters in villages.. 4 

Fees and Proceedings for sale of animal taken up in village.. 5 

Impounding animals unlawfully; penalty. 6 

Bulls, stallions, boars and rams rrot to trun at large. 6 

Distraining and replevying of beasts... 7-10 

Cruelty to animals . 10-12 

Dogs; law of; taxation of; sheep claims; mad dogs, etc_ 12-17 

Diseases of animals; regulations for preventing. 17-23 

a. Powers and duties of live stock commission. 17-22 

b. Regulations as to Texas cattle. 22 

c. Foot-rot among sheep. 23 

d. Diseased sheep not to run at large. 23 

e. Importation and sale of diseased sheep unlawful. 23 

Marking and branding of live stock. 24 

Lien upon horses and other animals for cost of shoeing. 24-26 

Lien upon mare and get for service of stallion. 27, 28 

Stray animals; law concerning. 28-31 

Docking horses . 31 

Fraudulent entries in speed contests. 31 

Fraudulent registration and false pedigrees. 32 

Unhitching and driving horses of another without authority. 32 

Killing, maiming, disfiguring or poisoning animals. 33 

Exposing poison for animals. 33 

Horse stealing; penalty . 33 

Detection of horse thieves; companies for. 34, 35 

Bees . 36-38 

Law for suppression of foul brood among bees. 36, 37 

Ownership of bees in flight. 37 

Bee-trees, bees and honey. 37, 38 

Bees as a nuisance. 38 

Damages caused by; when owner liable. 38 

343 





































344 


INDEX. 


PAGE 

Bounties for Killing Noxious Animals and Sparrows.. 39-42 

For killing wolves, panthers, wildcats, etc. 39-41 

For killing English sparrows. 41, 42 

Combinations and Trusts (Anti-Trust Laws). 43-45 

Michigan laws concerning . 43-45 

Wilson Tariff Act (1894) concerning . 45 

Dingley Tariff Act (1897) concerning. 45 

Dairy and Food Laws. 46-69 

Dairy and food commissioner; powers and duties. 46, 47 

Dairies, and commercial feed stuffs. 47-52 

General food law. 52-57 

Buckwheat flour . 57, 58 

Vinegar ..•. 58, 59 

Milk; laws concerning production and sale. 59-63 

Oleomargarine . 63, 64 

Butter . 64-66 

Confectioneries . 66 

Ice Cream . 66-67 

Pepper . 67 

Corn Syrup . 67 

Maple sugar, syrup and molasses. 68, 69 

Preservatives . 69 

Descent and Distribution of Property.:. 70-77 

Descent of real property. 70-74 

Distribution of personal property. 74-76 

Administration of estates; letters of. 76, 77 

Dower and Curtesy. 78-83 

Dower . 78-82 

Curtesy . 83 

Drainage (Ditch Laws) . 84-96 

Drains, generally . 84 

Locating drain and application therefor; proceedings. 84—87 

Construction of drains, etc. 87-90 

Cost of construction; how provided, etc. 90-92 

Drain taxes; levy and collection of. 92-94 

Drains traversing more than one county. 94 

Drainage of state swamp lands . 95 

Cleaning or widening drain . 95 

Vacation of drain . 96 

Obstructing or injuring drain; penalty....... 96 

Dams, pumps, etc. 96 

Exemption of Property from Levy and Sale. 97, 98 

Personal property exempt . 97 

No exemption against claim for purchase price...... 98 

Sewing machine; when exempt . 98 

Homestead; exemption of . 98 

Animals exempt . 97 

















































INDEX. 


345 


Exemption of Property from Levy and Sale — Concluded. page 

Tools, etc., exempt. 97 

Householder’s exemptions . 97 

Fences . 99-109 

Partition or line fences, generally. 99-102 

Legal fence, what is. 99 

Maintenance of . 99 

Repair of . 99 

Where river divides lands . 100 

Removal of partition fence . 101 

In running water . 102 

Through unimproved lands. 102 

Fence viewers . 102-103 

Damages not to be recovered, unless lawful fence. 103 

Partion fences in villages. 103 

Along railroads . 103-108 

a. To be bult by company. 104 

b. Materials and manner of construction. 104 

c. Cattle guards .104 et seq. 

d. Farm and residence crossings.104 et seq. 

e. Duty of commissioner of railroads.107, 108 

Malicious destruction of .... 108 

Throwing down, maliciously . 108 

Gates, bars, etc., opening maliciously.... 109 

Fires . 110-117 

Forest; provisions for extinguishing. 110-113 

Willful firing oof woods and prairies, etc. 113-115 

Duty of township boards. 114 

Buring of houses, barns and other buildings. 115 

Burning personal property, crops, grain, etc. 116 

Insured buildings; penalty for burning. 116 

Originating from railroads .*.. 117 

Setting to mines . 117 

Fruit Trees, Fruits, Shrubs and Vine£. 118-127 

Diseases; provisions for prevention of. 118-120 

Bush, vine and tree pests; prevention, etc. 120-122 

San Jose scale and other diseases, etc. 122-126 

Fruit of trees on or near boundary line; ownership.126, 127 

Insecticides; spraying materials, etc. 127 

Fish Laws . ' . 128-134 

General fishing laws . 128-131 

Black bass; season for. 131 

Inland lakes; catching fish in. 131 

Little Traverse Harbor; certain nets not be used in, etc. 132 

Spearing fish; When and where allowed. 132 

Navigable or meandering waters; fishing in. 133 

Shutes and ladders . 133 
















































346 INDEX. 

Fish Laws — Concluded. page 

Weight; fish under certain, protected. 193 

Offal not to be put in waters of state. 134 

Game Laws .. 136-158 

General game laws . 135-144 

European patridge . 144 

Forest reserve; hunting or camping on. 144 

Fish and game; possession, use, transportation and sale of. 144-146 

Fire arms; hunting deer with, regulated. 146-150 

Hunter’s license . 148-149 

Fire arms; regulating and licensing use of. 150-152 

Protection of elk, etc., in certain counties. 152 

Protection of small game in certain counties. 153 

Enclosed lands; hunting on. . 153 

Human beings; negligent shooting by hunters. 153 

Fur bearing animals, protection of. 153 

Public shooting grounds; regulations as to hunting and 

trapping on . 154-157 

Ferret; use of in hunting rabbits, unlawful. 157 

Sunday; hunting on, unlawful. 158 

Wild geese, etc., in Chippewa county. 158 

Grist Mills ..-.159-160 

Scales to be kept in, for weighing grain, etc. 159 

Rates of toll for grinding grain, etc. 159 

Undue toll; penalty for taking. 159-160 

Husband and Wife. 161-168 

General provisions concerning the rights of. 161-165 

Deserted wives . 165-167 

Children; care of, when parents separate. 167 

Married women; rights of. 168 

Insurance for benefit of married women. 168 

Holidays, etc.167, 170 

What days are holidays, etc.169, 170 

Arbor Day . 170 

Flag Day . 170 

Holidays falling on Sunday . 170 

State flower . 170 

Landlord and Tenant . 171-176 

Relation of . 171 

Leases . 171 

Rent . 172 

Crops and crop rent. 173 

Repairs . 175 

Notice to quit . 175 

Nuisances; who liable for. 176 












































INDEX. 


347 


PAGE 

Liens . 177-181 

Mechanic’s . 177-179 

Upon personal property .179, 180 

Upon mine, for labor. 180, 181 

Upon timber, lumber, logs ,etc., for labor. 181 

Upon horse for shoeing. 27 

Upon mare and get, for service of stallion. 24-26 

Manure and Fertilizers .182, 183 

Manure, ownership as between landlord and tenant. 182 

Fertilizers; to be labeled, showing analysis, etc. 182 

Samples to be filed with Secretary of State, etc. 183 

Money and Interest . 184-186 

Legal rate of interest. 124 

Usury .184, 186 

Interest on due and unpaid interest. 184 

Rate of interest on notes, loans, etc. 185 

Judgments and decrees; rate of interest on. 186 

Verdicts; rate of interest on. 186 

Offenses . 181-202 

Against property — 

a. Malicious burning or destruction of property. 187 

b. Driving metal substances into timber, etc. ■ 187 

c. Killing insured animals . 187 

d. Cutting or destroying wood, timber, grain, etc. 188 

e. Injuring vineyard, etc. 188 

f. Destruction of fruit or shade trees.188, 189 

g. Maliciously burning buildings. 189 

It. Inuring monuments, sign-boards, etc. • 189 

i. Injury to dams, reservoirs, etc. 190 

/. Turnpike gates, etc.; injury to, etc. 190 

Against public health — 

a. Selling unwholesome provisions . 190 

b. Adulterating food and liquors. 190 

c. Dead animals, failure to bury, etc. 190 

d. Slaughter houses near highway. 191 

e. Sale of provisions; regulations.. 191 

f. False names; penalty for giving. 191 

g. Coloring or stain injurious to food. 192 

Against Chastity — 

a. Blasphemy, penalty . 192 

b. Cursing and swearing, penalty. 192 

c. Drunkenness, penalty . 192 

d. Indecent or obscene language in presence of woman or 

child; penalty . 192 

e. Disturbing public worship . 192 











































348 


INDEX. * 


Offenses — Concluded. 

Against Chastity — Concluded. pag~ 

f. Exciting disturbance . 193 

g. Prize fight, penalty . 193 

h. Training person for prize fight. 193 

i. Selling liquors at shows, etc. 193 

/. Obstructing highways, etc. 193 

k. Assault of female under 14 years. 195 

l. Debauching boys under 15 years.• 195 

m. Display of certain pictures, unlawful. 195 

n. Immoral language in advertising medicine. 196 

o. Obscene books, etc. 196 

p. Obscene and indecent books, pamphlets, etc.; sale or 

disposition of, unlawful . 197 

Against lives of persons — 

a. Cruelty to children. 197 

b. Sale of toy pistols, etc., to children. 198 

c. Firearms; careless use of. 199 

d. Maiming or injuring; penalty. 199 

e. Poisoning food; wells, etc.; penalty. 199 

Betting on horse races and elections. 199-201 

Bribing voters .201, 202 

'Gross cheats and frauds. 202 

Promotion of Farming Interests. 203-205 

Farmers’ Institutes . 203 

Farm home reading circles. 204 

Experiment bulletins. 204 

Weather and crop reports. 204 

Weekly crop bulletins, etc. . .. 205 

Regulating sale of binder twine. 205 

Regulating sale of agricultural seeds and fruit trees. 205 

Roads . 206-228 

Laying out, altering and discontinuing highways. 207 

Security of persons and property on highways.208, 209 

Obstructions and encroachments . 210 

Opening of private roads and temporary highways.210, 211 

Penalties and forfeitures.211, 212 

Shade trees in highways .213, 214 

Drains in highways .:. 214-216 

Culverts or cattle-passes and hedges.217, 218 

Sidewalks .218, 219 

Recovery of damages . 219-221 

Law of the road.221, 222 

Noxious weeds . 222-224 

Poles, wires, etc., and railway tracks on highway. 224 

Michigan Motor Vehicle Law. 225-228 

Sunday and its Observance ..229, 230 

Shops not to open . 229 

Public houses may only entertain travelers...'. 229 















































INDEX. 


349 


Sunday and its Observance — Concluded. page 

Games and sports not to be indulged in. 229 

Civil proceedings not to be executed. 230 

Religious meetings not to be disturbed. 230 

Persons observing seventh day not liable. 230 

What time included in Sunday . 230 

Barber shops to be closed. 230 

Penalties . 230 

Taxation . 231-246 

Property subject to taxation. 231 

Of real property. 231 

Real propei y exempt . 232 

Personal property . 233 

Personal property exempt . 234 

Assessment of property for taxation . 235 

Taxes; when a lien . 242 

Collection of taxes . 242 

Payment of taxes, manner; lienholders, tenants, etc.245, 246 

Trespass . 247-249 

On lands . 247 

On cranberry marshes . 247 

* By cutting or destroying, wood, timber, grain, etc. 248 

By entering gardens, orchards, etc. 248 

On public lands . 248 

Collection of damages for. 249 

Trees and Timber .250, 251 

Trees ...250, 251 

a. On or near boundary line. 250 

b. In highway . 251 

c. Shade trees . 251 

Timber. 251 

Time Limit for Commencing Suits at Law . 252-253 

Recovery of land . 252 

Personal actions . 252 

Water and Watercourses ...254, 255 

Rights of landowner in water. 254 

Right to take ice . 254 

Suberterranean waters not to be disturbed. 255 

Ownership of lands under stream. 255 

Weeds, Thistles, Etc. 256-264 

Railroads to cut on right of way..... 256 

Gravel and plank roads to cut. 256 

Canada thistles to be cut on land and highway. 257 

Milkweed to be cut on land and highway.. 257 

Noxious weeds on lands to be destroyed. 261 

Commissioners to act when owner refuses. 262-264 















































350 


INDEX. 


Weights and Measures— 

Weights and measures, generally .. 

Standard, half-bushel . 

Weight per bushel of grain, seeds, vegetables, coal, etc.. 

Lime, weight per bushel. 

Apples, weight per bushel. 

Live and dressed stock, fowls, etc., weighing, etc. 

Peach baskets, size, etc. 

Barrels for fruits, etc. 

Short measure, penalty for, etc.. 

Capacity of baskets to be marked by manufacturer. 

Wills . 

Business Forms . 

Agreements ... 

Affidavits . 

Assignments ... 

Bill of sale. 

. Botids . 

Bank checks ... 

Chattel mortgage . 

Drafts .. 

Deeds, mortgages and leases. 

Guaranty . 

Indorsement . 

Orders . 

Promissory notes .. 

Receipts . 

Will .,.... 

Model Business Letters — 

Forms . 


page 

265-270 

267 

268 
269 
269 
269 
269 


269 

269 

270 
271-276 
277-329 
277-297 


298, 299 
, 299-301 
301, 302 
302-304 

304 
. 317-319 

305 
. 305-317 
,319, 320 

320, 321 

321, 322 
. 322-328 
,328, 329 

329 


330-341 





























THE IH C 
SERVICE BUREAU 

Send your farm problems to the IH C Service 
Bureau at Chicago. They will give you prompt and 
reliable information on any question relating to 
farm work. Agricultural experts are employed to 
help increase and better the crop production. So if 
you want to know about soils, fertilizers, insect 
pests, climatic conditions, seeds—anything of farm 
interest, don’t lose money groping about in the 
dark, but take advantage of IH C Service. 

They send lectures to gatherings interested in 
agriculture. These lectures, with the aid of pic¬ 
tures, present those things which are of the greatest 
interest to farmers. 

Interesting booklets filled with every sort of 
information for the farmer are being printed all the 
while: There are books on soil culture, books on 
dairying, a book devoted especially to the use of the 
disk harrow, and the IH C Almanac and the new 
book, 'Tor Better Crops,” each filled with general 
information relating to farms and farm work. 

Modem IH C machines are loaned to agricul¬ 
tural colleges that the sons of farmers may carry 
home every new idea that will lighten the work 
and increase the profits of the farm. If you want 
to know more about the IH C line of machines, see 
the other side of this insert. 

Ask the IH C local dealer for catalogue describing the 
lines in which you are interested. If it so happens that 
there is no IH C dealer near you, write the general office 
at Chicago and your wants will be promptly taken care of. 


International Harvester Company of America 

(Incorporated) 

CHICAGO USA 









Machines for 
Every Season 

IN THE SPRING IHC spreaders distribute ferti- 

lizer and so make return to the soil for the plant foods taken 
from it. IHC spring and peg-tooth harrows, disks, and cultivators 
are invaluable for getting the seedbed ready, destroying the weeds, 
and making the soil-mulch which is to keep the moisture where 
it is available for the use of the rootlets of the growing plants. 
IHC spraying machines protect vegetables and frnit from insects 
and blight. 

AS THE SUMMER TIME COMES ON there are 

IHC haying machines, including rakes, tedders, loaders, stackers, 
side-delivery rakes, and hay presses for taking care of the hay 
crop, and harvesting machines, binder twine, and threshers for 
the grain. 

DURING THE AUTUMN DAYS IHC corn harvest- 

ers, corn pickers, and buskers and shredders are ready for your 
use. IHC wagons, in which to market your produce; gasoline 
engines and tractors for operating your binders, threshers, and 
the various machines about the house, barn, and dairy, and to 
furnish power for plowing and heavy hauling—ask us about these. 

WHEN THE WINTER COMES the IHC engine, 

the corn sheller, and the feed grinder help with the work. 

THE YEAR ROUND IHC Cream Harvesters make 

dairying profitable. And the IHC auto is always in readiness 
for light hauling and for pleasure trips. 

If you don’t need new machines but only Repairs 

for the old ones, the IHC local dealer has these on hand also. 
Ask for catalogues and the books on soil culture and general 
information. 


International Harvester Company of America 

(Incorporated) 


CHICAGO 


USA 











A Savings Account is of the Utmost 
Importance to You When 
Opportunity Comes Your Way 


You should have a Savings Account to draw on; 
a little capital often starts a man on the road to riches. 

How are you going to get that start? 

A few dollars saved each month in a very short 
term of years will amount to a considerable sum, you 
will then have money to take advantage of Oppor¬ 
tunity when it presents itself. 

Did You Ever Hear the Hard Luck Story? 

You can hear it any day if you care to take the 
time to listen. 

They are always on hand whenever they can find 
a sympathetic ear. 

The speaker’s vocabulary is mostly ‘Ifs’ and 
‘Buts.’ Opportunity never came his way — he never 
had an equal chance. Someone has always given him 
the worst of it. Never had a steady job. Saved 
Money? No. To him money was made to spend — 
not save. 

The young man with a Savings Account in this 
Bank asks for no sympathy — Needs None—for he 
Creates opportunities of his own. 

We pay four per cent interest on all Savings Accounts 

aoi tn oat Div and Savings Bank 

One copy del. to Oat. mv. ^ MICU 


OCT S w 













































